Formal exceptions to rulings or orders of the court are unnecessary; but for all purposes for which an exception has heretofore been necessary it is sufficient that a party, at the time the ruling or order of the court is made or sought, makes known to the court the action which he desires the court to take or his objection to the action of the court and his grounds therefor; and, if a party has no opportunity to object to a ruling or order at the time it is made, the absence of an objection does not thereafter prejudice him.
Rule 46.Exceptions unnecessary
Group VI: Trials · Not amended since adoption on record · Last verified July 13, 2026
In one sentenceRule 46 eliminates the old formal requirement of noting an exception to a court's ruling, requiring only that a party make the desired action or objection and its grounds known to the court at the time.
Full Text of Rule 46
Notes
Note: This Rule 46 is the same as the Federal Rule and presents no change in State practice. It does not apply, of course, to formal "exceptions" from the reports of masters as provided by Rule 53 or "exceptions on appeal" under Supreme Court Rules.
Editor's Note: Effective September 1, 1990, the Supreme Court Rules were repealed by the South Carolina Appellate Court Rules.
Plain-English Summary
Older procedure required a lawyer to formally "except" to a ruling to preserve it for later review — a ritual with its own vocabulary and its own way of being botched. Rule 46 sweeps that away. Whatever purpose a formal exception used to serve, a party now accomplishes it by telling the court, at the time the ruling or order is made or sought, what action the party wants the court to take, or what the party objects to and why. Nothing more elaborate is required.
The rule also protects a party who never gets the chance to object. If there was no opportunity to raise an objection when the ruling or order was made, the absence of an objection does not later count against that party. Rule 46 leaves untouched two different kinds of "exceptions" that live elsewhere: formal exceptions to a master's report under Rule 53, and exceptions on appeal governed by the appellate court rules.
Frequently Asked Questions
Do I still need to formally 'except' to a judge's ruling to preserve it for appeal?
No. Rule 46 did away with the formal exception. Making known to the court the action you want taken, or your objection and its grounds, at the time of the ruling is enough.
What if the court makes a ruling and I never get a chance to object?
Rule 46 protects you: if there was no opportunity to object when the ruling or order was made, the absence of an objection does not later prejudice you.
Does Rule 46 apply to exceptions to a special master's report?
No. The rule specifically says it does not apply to formal exceptions from a master's report, which are handled under Rule 53, or to exceptions on appeal, which follow the appellate court rules.
Source & verification. Rule text, official Notes, and amendment
history are reproduced verbatim from the South Carolina Rules of Civil Procedure,
adopted by the Supreme Court of South Carolina. Last verified July 13, 2026. ·
Official source
Also known as: objecting to a ruling SCRCPSC Rule 46formal exceptions South Carolinapreserving objection for appeal SC