Rule 61.Harmless Error

Last amended December 1, 2007 · Last verified June 30, 2026

In one sentenceRule 61 is the harmless-error rule: unless justice requires otherwise, no error in admitting or excluding evidence or in any ruling or order is a ground for a new trial or for disturbing a judgment, and the court must disregard errors that do not affect a party’s substantial rights.

Full Text of Rule 61

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Unless justice requires otherwise, no error in admitting or excluding evidence—or any other error by the court or a party—is ground 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.

End

Amendment History

(Amended April 30, 2007, effective December 1, 2007.)

Plain-English Summary

Not every mistake at trial matters. Rule 61 tells courts to focus on consequences rather than perfection. Unless justice requires otherwise, no error in admitting or excluding evidence — and no other error by the court or a party — is a ground for granting a new trial, setting aside a verdict, or vacating, modifying, or otherwise disturbing a judgment or order.

The standard is whether the error affected a party’s substantial rights. At every stage of the case, the court must disregard errors and defects that do not. This harmless-error principle keeps litigation from being reopened over technical slips that did not change the outcome, and it shapes how appellate courts review trial rulings.

Frequently Asked Questions

What is harmless error?

An error that does not affect a party’s substantial rights. Under Rule 61, such errors must be disregarded and are not grounds for a new trial or for disturbing a judgment.

Who decides whether an error affected a party's substantial rights?

The court makes that call at every stage of the case, and appellate courts apply the same harmless-error standard when reviewing trial rulings.

Source & verification. The rule text and amendment history are reproduced verbatim from the official Federal Rules of Civil Procedure (Fed. R. Civ. P. 61), a public-domain work of the U.S. Government. Prescribed by the United States Supreme Court under the Rules Enabling Act. The plain-English summary is original and written by us. Last verified June 30, 2026. · Official source

Also known as: FRCP 61Fed. R. Civ. P. 61harmless errorsubstantial rightsharmless error rule