RULE 46. OBJECTING TO A RULING OR ORDER

Effective Date: 3/1/2011

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 derived from Fed.R.Civ.P. 46.

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 46, FRCivP.

STATUTES AFFECTED:

SUPERSEDED: N.D.C.C. §§ 28-18-01 and 28-18-03.

CROSS REFERENCE: N.D.R.Civ.P. 49 (Special Verdicts and Interrogatories) and N.D.R.Civ.P. 51 (Instructions to Jury); N.D.R.Crim.P. 51 (Exceptions Unnecessary); N.D.R.Ev. 103 (Rulings on Evidence).

Effective Date Obsolete Date
03/01/2011 View
03/01/1990 03/01/2011 View