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
Part VI: Trials · Last amended 1978 · Last verified July 16, 2026
In one sentenceRule 15-6-46 does away with formal exceptions to a court’s rulings, requiring only that a party state, when the ruling is made, the action it wants or its objection and grounds, and it protects a party with no chance to object at the time from losing that right.
Full Text of Rule 15-6-46
Plain-English Summary
Rule 15-6-46 gets rid of the old, more formal practice of taking an exception to a court’s ruling. Wherever a formal exception used to be necessary to preserve an issue, it is now enough for a party, at the time the court makes or is asked to make a ruling, to tell the court what action it wants, or to state its objection to what the court is doing and the grounds behind it.
The rule also covers a party who never got the chance to speak up. If there was no opportunity to object when the ruling or order was made, the absence of an objection does not prejudice that party afterward. A missed objection made necessary by circumstance, rather than by a party’s own inaction, does not cost that party the issue later.
Frequently Asked Questions
Do I need to formally except to a judge’s ruling to preserve it for appeal in South Dakota?
No. Rule 15-6-46 makes formal exceptions unnecessary; you only need to make known to the court, at the time, the action you want or your objection and its grounds.
What do I have to say to preserve an objection under this rule?
Rule 15-6-46 requires stating the action you want the court to take, or your objection to what the court is doing and the grounds for that objection, at the time the ruling or order is made or sought.
What if I never had a chance to object when the ruling happened?
Rule 15-6-46 protects you. If a party has no opportunity to object at the time, the absence of an objection does not prejudice that party afterward.
Does Rule 15-6-46 replace an older, more formal procedure?
Yes. The rule says formal exceptions, once necessary to preserve an issue, no longer are, replacing them with the simpler requirement of stating your position when the ruling is made.
Does the reason for my objection matter, or is a bare objection enough?
Rule 15-6-46 requires stating the grounds for the objection, not just the fact that you are objecting.
Amendment History
—SDC 1939 & Supp 1960, § 33.1601; SD RCP, Rule 46, as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966; SL 1978, ch 178, § 565.
Source & verification. Rule text and History are
reproduced verbatim from the South Dakota Codified Laws, published by the
South Dakota Legislative Research Council. Last verified July 16, 2026.
· Official source
Also known as: south dakota exceptions unnecessary rulepreserving objections for appeal sdrule 46 south dakota civil procedureobjecting to a court ruling south dakotano formal exception required sd