N.D. R. Civ. P. 46

As amended through March 18, 2024

Rule 46 - Objecting to a Ruling or Order

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.

N.D. R. Civ. P. 46

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.

EXPLANATORY NOTE Rule 46 was amended, effective 3/1/1990;3/1/2011. Rule 46 is derived from Fed.R.Civ.P. 46. Rule 46 was amended, effective 3/1/1990, 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, effective3/1/2011, in response to the12/1/2007, 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. STATUTES AFFECTED: SUPERSEDED: Sections 28-1802, NDRC 1943, 28-18-01, and 28-18-03, N.D.C.C.

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.