UNNECESSARY OBJECTING TO A RULING OR
ORDER 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 the
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 the
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.
Rule 46 was amended, effective March 1, 1990; March 1, 2011.
Rule 46 is
identical to Rule 46, FRCivP, except
for style changes derived from Fed.R.Civ.P.
Rule 46 was amended, effective March 1, 1990, to follow the 1987 amendment to the federal rule. The amendment is technical in nature and no substantive change is intended.
Rule 46 was amended, effective March 1, 2011, in response to the December 1, 2007, revision of the Federal Rules of Civil Procedure. The language and organization of the rule were changed to make the rule more easily understood and to make style and terminology consistent throughout the rules.
Sources: Joint Procedure Committee
Minutes of September 24-25, 2009, pages 14-15; April
20, 1989, page 2; December 3, 1987, page 11; October 30-31, 1980, page 31; November 29-30,
1979, page 12;
Rule Fed.R.Civ.P. 46 ,
§ 28-1802, N.D.C.C. §§ 28-18-01, and 28-18-03.
Rules N.D.R.Civ.P. 49 (Special Verdicts and Interrogatories)
N.D.R.Civ.P. 51 (Instructions to Jury) , N.D.R.Civ.P.;
Rule N.D.R.Crim.P. 51 (Exceptions
Unnecessary) , N.D.R.Crim.P.; Rule
N.D.R.Ev. 103 (Rulings on Evidence) ,