Unless justice requires otherwise, an error in admitting or excluding evidence—or any other error by the court or a party—is not grounds for granting a new trial, for setting aside a verdict, or for vacating, modifying, or otherwise disturbing a judgment or order. At every stage of the proceeding, the court must disregard all errors and defects that do not affect any party’s substantial rights.
Rule 61.Harmless error.
Last verified July 1, 2026
In one sentenceRule 61 says an error that doesn't affect a party's substantial rights isn't grounds for a new trial or for disturbing a judgment.
Full Text of Rule 61
Amendment History
Promulgated by R-16-0010, effective January 1, 2017.
Plain-English Summary
Trials and pretrial proceedings rarely run without some imperfection, and Rule 61 keeps minor missteps from derailing an otherwise sound result. Unless justice requires otherwise, an error in admitting or excluding evidence, or any other error by the court or a party, isn't by itself a basis for a new trial, for setting aside a verdict, or for vacating or modifying a judgment or order. At every stage of a case, courts are directed to disregard errors and defects that don't affect a party's substantial rights.
This harmless-error principle works alongside the specific grounds for relief in rules like Rule 59 and Rule 60: even where one of those grounds might technically apply, Rule 61 asks whether the error mattered to the outcome before a court unwinds a judgment because of it.
Frequently Asked Questions
Does every trial error justify a new trial?
No. Unless justice requires otherwise, an error doesn't justify a new trial or disturbing a judgment unless it affected a party's substantial rights.
Does Rule 61 apply only to evidentiary errors?
No. It applies to an error in admitting or excluding evidence, or any other error by the court or a party.
How does Rule 61 relate to a Rule 59 motion for a new trial?
Even where a party identifies one of Rule 59's grounds, a court applying Rule 61 will still ask whether the error affected the party's substantial rights before granting relief.
Source & verification. The rule text and History are reproduced verbatim from the
official Arizona Rules of Civil Procedure (Ariz. R. Civ. P. 61). Prescribed by the Supreme Court of Arizona (Ariz. Const. art. 6, § 5). The plain-English summary is original and written by us. Last verified July 1, 2026. ·
Official source
Also known as: harmless error rule