RULE 46. EXCEPTIONS UNNECESSARY
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 party.
EXPLANATORY NOTE
Rule 46 is identical to Rule 46, FRCivP, except for style changes.
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.
SOURCES: Joint Procedure Committee Minutes of April 20, 1989, page 2; December 3, 1987, page 11; October 30-31, 1980, page 31; November 29-30, 1979, page 12; Rule 46, FRCivP.
STATUTES AFFECTED:
SUPERSEDED: Sections 28-1802, NDRC 1943, 28-18-01, and 28-18-03, N.D.C.C.
CROSS REFERENCE: Rules 49 (Special Verdicts and Interrogatories) and 51 (Instructions to Jury) N.D.R.Civ.P.; Rule 51 (Exceptions Unnecessary), N.D.R.Crim.P.; Rule 103 (Rulings on Evidence), N.D.R.Ev.