RULE 46. EXCEPTIONS UNNECESSARY

Effective Date: 3/1/1990

Obsolete Date: 3/1/2011

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.

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SUPERSEDED: N.D.C.C. §§ 28-18-01 and 28-18-03.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