Formal exceptions to rulings or orders of the court are unnecessary. 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 · Not amended since adoption on record · Last verified July 13, 2026
In one sentenceRule 46 does away with the old-fashioned formal 'exception' to a court ruling — all a party needs to do is tell the court what it wants and why.
Full Text of Rule 46
Plain-English Summary
Older procedure required a lawyer to state a formal "exception" on the record every time a judge ruled against them, just to preserve the point for appeal. Rule 46 scraps that formality. All a party has to do now is make clear to the court, at the time of the ruling, what action it wants the court to take, or what it's objecting to and why. That plain statement is enough to preserve the issue without any special magic words.
The rule also protects a party who never gets the chance to object in the first place. If a ruling or order comes down without any opportunity to speak up — say, a ruling issued outside the party's presence — the missing objection doesn't come back to hurt that party later. The point of Rule 46 is substance over ritual: courts and opposing parties need clear notice of what's being contested, not a ceremonial phrase.
Frequently Asked Questions
What is a 'formal exception,' and why did Utah get rid of it?
A formal exception was a ritual phrase lawyers once had to recite on the record to preserve a ruling for appeal, separate from objecting. Rule 46 eliminates that extra step because it added nothing but formality — what matters is that the court and the other side understood the objection and its grounds.
What does a party need to do to preserve an issue under Rule 46?
At the time the court makes or is asked to make a ruling, the party needs to tell the court what action it wants taken, or state its objection and the grounds for it. No particular wording is required, just a clear statement on the record.
What if a party never gets a chance to object when the ruling is made?
Rule 46 protects that party. If there was no opportunity to object at the time of the ruling, the absence of an objection doesn't prejudice the party afterward.
Does Rule 46 mean a party never has to object to preserve an appeal?
No. It still requires making the objection and its grounds known to the court when there is an opportunity to do so — it just eliminates the separate formal exception. Rules like 51(f), on jury instructions, layer on their own specific objection requirements.
Source & verification. Rule text, Advisory Committee Notes, and
amendment history are reproduced verbatim from the Utah Rules of Civil Procedure,
adopted by the Utah Supreme Court. Last verified July 13, 2026. ·
Official source
Also known as: formal exception civil procedurepreserving objection for appeal utahurcp 46objecting to a court ruling utahutah rule 46