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Rule 46.Objecting to a ruling or order

Group VI: Trials · Last amended March 1, 2017 · Last verified July 14, 2026

In one sentenceRule 46 does away with formal exceptions to rulings, requiring only that a party state the action it wants and the grounds for it at the time of the ruling to preserve the issue.

Full Text of Rule 46

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A formal exception to a ruling or order is unnecessary. When the ruling or 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.

Amendment History

Added February 2, 2017, effective March 1, 2017.

Plain-English Summary

Older practice required a lawyer to announce a formal "exception" every time a judge ruled against them, just to keep the issue alive for appeal. Rule 46 drops that formality. All a party has to do now is tell the court, at the time of the ruling, what action it wants taken or what it objects to, and why.

The rule also protects a party who never got the chance to speak up. If a ruling or order comes down without any real opportunity to object, failing to object at that moment does not cost the party the issue later.

Frequently Asked Questions

Do I need to say "I except to the ruling" to preserve an issue for appeal?

No. Rule 46 eliminates the need for a formal exception; stating the requested action or objection and its grounds is enough.

What exactly do I need to say to preserve an objection?

State the action you want the court to take, or the action you object to, along with the grounds for the request or objection, at the time the ruling or order is made.

What if the judge rules and I never got a chance to object?

You are not penalized for failing to object when you had no opportunity to do so when the ruling or order was made.

When is the right moment to raise an objection?

When the ruling or order is requested or made, not after the fact.

Does this rule cover objections to jury instructions specifically?

Rule 51 sets out the specific procedure for objecting to jury instructions; Rule 46 states the general principle behind preserving objections to rulings and orders.

Source & verification. Rule text and amendment history are reproduced verbatim from the Wyoming Rules of Civil Procedure, adopted by the Supreme Court of Wyoming. Last verified July 14, 2026. · Official source
Also known as: how to preserve an objection for appealformal exception ruleobjecting to a court rulingpreserving error at trial