The court must, in every stage of an action, disregard any error, improper ruling, instruction, or defect, in the pleadings or proceedings which, in the opinion of said court, does not affect the substantial rights of the parties. No judgment, decision, or decree shall be reversed or affected by reason of any error, ruling, instruction, or defect, unless it shall appear from the record that such error, ruling, instruction, or defect was prejudicial, and also that by reason of such error, ruling, instruction, or defect, the said party complaining or appealing sustained and suffered substantial injury, and that a different result would have been probable if such error, ruling, instruction, or defect had not occurred or existed. There shall be no presumption that error is prejudicial, or that injury was done if error is shown.
§ 475.Error, Improper Ruling, Instruction Or Defect Not Affecting Substantial Rights of Parties
Title 6. Of the Pleadings In Civil Actions · Chapter 8. Variance—Mistakes in Pleadings and Amendments · Last amended 1897 · Last verified July 28, 2026
In one sentenceSection 475 requires courts to disregard any error or defect that does not affect the substantial rights of the parties, and bars reversal of a judgment unless the record shows the error was prejudicial, caused substantial injury, and probably changed the result, with no presumption of prejudice.
Full Text of § 475
Plain-English Summary
Section 475 is California’s harmless-error rule for civil cases. At every stage of an action, a court must disregard any error, improper ruling, instruction, or defect in the pleadings or proceedings that, in that court’s opinion, does not affect the substantial rights of the parties. Not every misstep in a trial is a reason to unwind it.
The section sets a demanding standard for reversing a judgment, decision, or decree on that basis. Reversal requires the record to show that the error, ruling, instruction, or defect was prejudicial, that the complaining or appealing party suffered substantial injury because of it, and that a different result would probably have followed if the error had not occurred. Section 475 makes clear there is no presumption that an error is prejudicial, or that injury resulted merely because an error is shown — the burden falls on the party challenging the outcome to establish all three things from the record itself.
Frequently Asked Questions
Does every trial error entitle a party to a new trial or reversal on appeal?
No. Section 475 requires courts to disregard errors that do not affect the substantial rights of the parties, and reversal requires a showing of prejudice, substantial injury, and a probable different result.
Who has to prove that an error was harmful under § 475?
The party challenging the judgment. Section 475 states there is no presumption that an error is prejudicial or that injury occurred merely because an error is shown.
What must the record show to reverse a judgment based on a trial error?
Section 475 requires the record to show the error was prejudicial, that it caused substantial injury to the complaining party, and that a different result would probably have occurred without it.
Amendment History
Amended by Stats. 1897, Ch. 47.
Source & verification. Section text is reproduced verbatim from
the Deering's California Codes Annotated / vLex. Enacted by the California Legislature.
Last verified July 28, 2026.
· Official source
Also known as: harmless error rule california civilprejudicial error standard appeal california