CO · rules
C.R.C.P. 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 he desires the court to take or his objection to the action of the court and his 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 him.
History
ANNOTATION Law reviews. For article, ‘‘Colorado Crimi- nal Procedure — Does It Meet Minimum Stan- dards?’’, see 28 Dicta 14 (1951). For article, ‘‘Trials: Rules 38-53’’, see 23 Rocky Mt. L. Rev. 571 (1951). For article, ‘‘One Y ear Review of Civil Procedure’’, see 34 Dicta 69 (1957). For article, ‘‘There is Still a Chance: Raising Unpreserved Arguments on Appeal’’, see 42 Colo. Law. 29 (June 2013). This rule is mandatory. Anderson v. Ander- son, 124 Colo. 74, 234 P.2d 903 (1951). An appellate court may refuse to consider a specification where this rule has not been complied with. Anderson v. Anderson, 124 Colo. 74, 234 P.2d 903 (1951); Allen v. Crouch, 134 Colo. 603, 307 P.2d 815 (1957). Where a party is afforded no opportunity by the court to register an objection, the ab- sence of an objection in the record does not prejudice the party upon review. Brakhahn v. Hildebrand, 134 Colo. 197, 301 P.2d 347 (1956). A party who was afforded no opportunity to object to an instruction given orally out- side his presence is not precluded from raising the point on review. Reimer v. Walker, 170 Colo. 149, 459 P.2d 274 (1969). Failure of prosecution to object to trial court’s action, which objection affords trial court opportunity to correct an alleged error, precludes review of merits on appeal. People v. Schweer, 775 P.2d 582 (Colo. 1989). Applied in Menne v. Menne, 194 Colo. 304, 572 P.2d 472 (1977).
Provenance
- Source
- content.leg.colorado.gov
- Retrieved
- 2026-09-15
- Edition
- 2026-09-15
- Content hash
a836baf6de96b76dc21b3a7b585f0859c6f7a670d807c2dd50e19c3bd5e086da
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