Rule 61.Harmless Error.

Last verified July 3, 2026

In one sentenceRule 61 says an error doesn't undo a trial or judgment unless ignoring it would be inconsistent with substantial justice.

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.

Plain-English Summary

No error in admitting or excluding evidence, and no error or defect in any ruling, order, or anything done or left undone by the court or the parties, is grounds for a new trial, setting aside a verdict, or disturbing a judgment or order, unless refusing to act on it would be inconsistent with substantial justice.

At every stage of a case, the court has to look past any error or defect that doesn't affect the parties' substantial rights, keeping the focus on outcomes that matter rather than technical missteps along the way.

Frequently Asked Questions

Does every trial error require a new trial or reversal?

No. Rule 61 requires disregarding errors that don't affect the parties' substantial rights, and reserves relief for situations where ignoring the error would be inconsistent with substantial justice.

What kinds of errors does this rule cover?

Any error in admitting or excluding evidence, and any error or defect in a ruling, order, or anything done or omitted by the court or the parties.

Source & verification. The rule text and History are reproduced verbatim from the official Hawaii Rules of Civil Procedure (Haw. R. Civ. P. 61). Prescribed by the Supreme Court of Hawaii (Haw. Rev. Stat. § 602-11; Haw. Const. art. VI, § 7). The plain-English summary is original and written by us. Last verified July 3, 2026. · Official source

Also known as: harmless errorsubstantial rights of the parties