A formal exception to rulings or orders of the court is unnecessary. When the order is requested or made, a party need only state the action that it wants the court to take or objects to, along with the grounds for the request or objection. Failing to object does not prejudice a party who had no opportunity to do so when the ruling or order was made.
Rule 46.Objecting to a ruling or order
Current through January 1, 2025 · Last verified July 8, 2026
In one sentenceRule 46 eliminates the need for a formal exception to a court's ruling or order, requiring only that a party state the action it wants and the grounds for it, and protects a party who had no chance to object when the ruling was made.
Full Text of Rule 46
Amendment History
The current West Virginia Rules of Civil Procedure took effect January 1, 2025, as part of a rewrite that modernized the rules’ numbering and structure. West Virginia does not publish a per-rule amendment history inside the compiled rules text reproduced here. The text above is verified current through the source’s own January 1, 2025 update; for the underlying adopting order and any later amendments, see the West Virginia Judiciary’s compiled rules page.
Plain-English Summary
Older procedure once required a formal "exception" to preserve an objection to a ruling for appeal — a ritual with its own words and timing. Rule 46 does away with that. All a party needs to do, when a ruling or order is requested or made, is state what action it wants the court to take (or what it objects to) and the grounds for that request or objection.
And if a party never had the chance to object when the ruling was made — because it happened without notice or in some other way that cut off the opportunity — that party isn't penalized for the missed objection later.
Frequently Asked Questions
Do I need to state a formal "exception" to preserve an objection for appeal?
No. Rule 46 eliminates that requirement — you only need to state the action you want the court to take, or what you object to, and the grounds for it.
What if I never got a chance to object when a ruling was made?
You're not prejudiced by the missed objection. Rule 46 protects a party who had no opportunity to object at the time the ruling or order was made.
Source & verification. The rule text is reproduced verbatim from the
official West Virginia Rules of Civil Procedure (W. Va. R. Civ. P. 46). Prescribed by the Supreme Court of Appeals of West Virginia (W. Va. Const. art. VIII, § 3). The plain-English summary is original and written by us. Last verified July 8, 2026. ·
Official source
Also known as: objecting to a court rulingformal exception no longer required