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 the party desires the court to take or the party’s objection to the action of the court; 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 the party. Subsequent objection to the same legal point shall be unnecessary, and the admission or exclusion of evidence of like nature thereafter shall be deemed to be subject to the same objection as originally stated.
Rule 46.Exceptions unnecessary
Group VI: Trials · Not amended since adoption on record · Last verified July 14, 2026
In one sentenceRule 46 eliminates the need for formal exceptions to a court's rulings, requiring only that a party make its position or objection known to the court at the time of the ruling to preserve the point for later review.
Full Text of Rule 46
Notes
Reporter’s Notes: This rule is similar to Federal Rule 46, upon which 12 V.S.A. § 2381 (now superseded) was based. The rule, like the former statute, differs from the federal rule in omitting the express requirement that the grounds of objection be stated. In the absence of such a provision, however, the Vermont courts have required a comparable specificity in the form of an objection. See Pond v. Carter, 126 Vt. 299, 229 A.2d 248 (1967); State v. Murray, 123 Vt. 232, 186 A.2d 193 (1962). Of course, if the court requests a statement of the grounds, counsel must furnish it. The last sentence, which is not in the federal rule, has been retained from the former statute, because the court has relied upon it in holding such an objection unnecessary. See West-Nesbitt, Inc. v. Randall, 126 Vt. 481, 236 A.2d 676 (1967). The practice is that of the better-considered federal cases in the absence of express language. See 2B Barron & Holtzoff, Federal Practice and Procedure § 1021 (Wright ed. 1961).
Plain-English Summary
Rule 46 strips away an old formality. A party no longer needs to lodge a separate, ceremonial "exception" to a court's ruling or order to preserve it for appeal. It is enough that, when the ruling or order is made or sought, the party tells the court what action it wants taken or states its objection to what the court is doing. If a party never gets the chance to object when the ruling happens, the missed objection does not come back to hurt that party later.
The rule also spares parties from repeating themselves. Once an objection to a legal point has been made, a party does not need to raise the same objection again every time the same kind of evidence comes up afterward; each later instance is treated as covered by the objection already on record.
Frequently Asked Questions
Do parties still need to take a formal exception to a ruling?
No. Rule 46 makes formal exceptions unnecessary; a party need only make known to the court, at the time the ruling or order is made or sought, the action it wants or its objection to the court's action.
What happens if a party has no chance to object when a ruling is made?
The absence of an objection does not prejudice the party later. Rule 46 protects a party who had no opportunity to object at the time from being penalized for the missing objection.
Must a party keep repeating the same objection to similar evidence?
No. Once an objection to a legal point has been stated, subsequent admission or exclusion of evidence of the same nature is deemed subject to the same objection as originally made.
What must a party say to preserve an issue under Rule 46?
The party must make known to the court the action it desires the court to take, or its objection to the action the court is taking, at the time the ruling or order is made or sought.
Does Rule 46 apply to both rulings sought by a party and rulings made by the court?
Yes. The rule covers both situations, requiring the party to state its position or objection whenever a ruling or order is made or sought, regardless of which side is asking for it.
Source & verification. Rule text, official Reporter's Notes, and
amendment history are reproduced verbatim from the Vermont Rules of Civil Procedure,
adopted by the Vermont Supreme Court. Last verified July 14, 2026.
· Official source
Also known as: formal exception vermont rulepreserving objection for appealrule 46 vermont civil procedureobjection to ruling vermont