Rule 61.Harmless error

Ch. VII: Judgment · Current through June 1, 2026 · Last verified September 9, 2026

In one sentenceRule 61 tells the court to disregard any error that does not affect the substantial rights of the parties.

Full Text of Rule 61

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No error in either the admission or the exclusion of evidence and no error or defect in any ruling or order or in anything done or omitted by the Court or by any of the parties is ground for granting a new trial or for setting aside a verdict or for vacating, modifying or otherwise disturbing a judgment or order, unless refusal to take such action appears to the Court inconsistent with substantial justice. The Court at every stage of the proceeding must disregard any error or defect in the proceeding which does not affect the substantial rights of the parties.

End

Plain-English Summary

No error in admitting or excluding evidence, and no error or defect in any ruling, order, or anything done or omitted by the court or by any party, is ground for granting a new trial, for setting aside a verdict, or for vacating, modifying or otherwise disturbing a judgment or order, unless refusing to take that action appears inconsistent with substantial justice.

The court is to disregard any error or defect that does not affect the substantial rights of the parties.

The rule is a corrective against perfectionism. Trials contain mistakes, and a system that undid every judgment touched by one would never finish anything. What matters is whether the mistake could have changed the outcome — and the burden of that question sits with the party who wants the judgment disturbed.

Frequently Asked Questions

Will any mistake at trial get my Delaware Family Court judgment overturned?

No. An error is disregarded unless refusing to act on it would be inconsistent with substantial justice; the court disregards any error or defect that does not affect the substantial rights of the parties.

What counts as harmless error?

Any error or defect in a ruling, order, or in anything done or omitted, that does not affect the substantial rights of the parties.

Source & verification. The rule text and amendment history are reproduced verbatim from the Delaware Family Court Rules of Civil Procedure (Fam. Ct. Civ. R. 61), and every rule has been checked word for word against the Delaware Family Court’s own published edition of these rules. Current through June 1, 2026. The plain-English summary is original and written by us. Last verified September 9, 2026. · Official source

Also known as: harmless error Delawaresubstantial rights Delaware Family CourtFam. Ct. Civ. R. 61