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.
K.S.A. 60-261.Harmless error
Last amended July 1, 2010 · Last verified July 28, 2026
In one sentenceK.S.A. 60-261 tells a court to disregard any error or defect that doesn't affect a party's substantial rights, and bars granting a new trial, setting aside a verdict, or disturbing a judgment for harmless error unless justice requires otherwise.
Full Text of K.S.A. 60-261
Amendment History
L. 1963, ch. 303, 60-261; L. 2010, ch. 135, § 135; July 1.
Plain-English Summary
K.S.A. 60-261 is a short rule that carries weight at every stage of a civil case. It states that no error in admitting or excluding evidence, and no other error by the court or a party, is by itself grounds for a new trial, for setting aside a verdict, or for vacating, modifying, or otherwise disturbing a judgment or order -- unless justice requires otherwise. The court must disregard errors and defects that don't affect a party's substantial rights.
The rule works as a backstop against granting relief for technical missteps that made no real difference. Before a court grants a new trial under K.S.A. 60-259 or relief from judgment under K.S.A. 60-260, it measures the error against this harmless-error standard: an error that didn't touch a party's substantial rights isn't a reason to undo a verdict or a judgment, no matter how clearly it was a mistake.
Frequently Asked Questions
What does "harmless error" mean under K.S.A. 60-261?
It means an error or defect in the proceeding -- including an error in admitting or excluding evidence -- that didn't affect a party's substantial rights. The court must disregard that type of error instead of using it as grounds for a new trial or to disturb a judgment.
Does every mistake made during trial entitle a party to a new trial?
No. K.S.A. 60-261 states that an error is grounds for a new trial, setting aside a verdict, or disturbing a judgment only if justice requires it -- otherwise the court must disregard errors that don't affect a party's substantial rights.
What's the exception to the harmless-error rule?
The rule itself builds in one: "unless justice requires otherwise." An error that does affect a party's substantial rights, or where disregarding it would be unjust, isn't shielded by K.S.A. 60-261.
How does K.S.A. 60-261 relate to a motion for a new trial under 60-259?
A court weighing a 60-259 motion applies the 60-261 harmless-error standard to the alleged error -- an error that didn't affect the moving party's substantial rights won't support granting a new trial.
Does K.S.A. 60-261 apply only to errors in admitting or excluding evidence?
No. The rule covers evidentiary errors specifically but also reaches "any other error by the court or a party," and it applies at every stage of the proceeding.
Source & verification. Section text is reproduced verbatim from the
Kansas Statutes Annotated, enacted by the Kansas Legislature. Last verified July 28, 2026.
· Official source
Also known as: kansas harmless error rule60-261 kansassubstantial rights error kansas civil caseharmless error new trial kansaskansas evidentiary error appeal