Rule 61.Harmless Error.
Current through July 1, 2026 · Last verified September 11, 2026
Full Text of Rule 61
Amendment History
The Hawaiʻi State Judiciary’s compiled text of this rule carries no amendment order for this rule. For the adopting orders and any later amendments, see the Hawaiʻi State Judiciary’s rules page.
Plain-English Summary
No error in admitting or excluding evidence, and no error or defect in any ruling or order or in anything done or omitted by the court or by a party, is ground for a new trial, for setting aside a verdict, or for vacating, modifying or otherwise disturbing a judgment or order.
One exception carries the whole rule: unless refusing to act would be inconsistent with substantial justice. That is the test, and it puts the focus on consequence rather than on whether a mistake occurred.
The court is directed to disregard any error or defect that does not affect the substantial rights of the parties. Read with Rule 46, which abolishes formal exceptions, the pair says that what matters is whether the point was raised at the time and whether it made a difference.
Frequently Asked Questions
What is harmless error in Hawaii family court?
An error or defect that does not affect the substantial rights of the parties. The court is directed to disregard it.
When does an error justify a new trial?
When refusing to grant one would appear to the court inconsistent with substantial justice.
Does an evidentiary mistake automatically require reversal?
No. No error in the admission or exclusion of evidence is ground for disturbing a judgment unless the substantial justice test is met.
Does this apply to a party mistake as well as the court?
Yes. The rule reaches anything done or omitted by the court or by any of the parties.
How do I preserve an error?
Rule 46 requires you to make your request or objection and the grounds known when the ruling is made or sought.