A palpable error which affects the substantial rights of a party may be considered by the court on motion for a new trial or by an appellate court on appeal, even though insufficiently raised or preserved for review, and appropriate relief may be granted upon a determination that manifest injustice has resulted from the error.
Rule 61.02.Substantial error.
Current through June 18, 2026 · Last verified July 9, 2026
In one sentenceRule 61.02 allows a trial court on a motion for new trial, or an appellate court on appeal, to consider a palpable error affecting substantial rights and grant relief even if the error was not properly raised or preserved, when manifest injustice has resulted.
Full Text of Rule 61.02
Amendment History
(Amended effective July 1, 1976.)
Plain-English Summary
Rule 61.02 works as a safety valve alongside the harmless-error rule in Rule 61.01. Normally, a party must raise an objection at trial to preserve it for appeal. This rule creates a narrow exception for palpable error, meaning an error so clear and significant that it affects a party's substantial rights.
When that kind of error exists, a trial court considering a motion for a new trial, or an appellate court on appeal, may consider it even though the party never properly raised or preserved it below. The court may grant relief only after finding that manifest injustice resulted from the error. This is a high bar reserved for errors that go beyond an ordinary mistake overlooked at trial.
Frequently Asked Questions
Can an appellate court fix an error that was never objected to at trial?
Under Rule 61.02, yes, but only for a palpable error affecting substantial rights, and only where the error resulted in manifest injustice.
What is palpable error under Kentucky Rule 61.02?
The rule does not define the term beyond describing it as an error affecting the substantial rights of a party, considered even when insufficiently raised or preserved for review.
Does Rule 61.02 apply only on appeal?
No. It applies both to a trial court ruling on a motion for a new trial and to an appellate court reviewing the case on appeal.
Source & verification. The rule text is reproduced verbatim from the
official Kentucky Rules of Civil Procedure (Ky. R. Civ. P. 61.02). Prescribed by the Supreme Court of Kentucky (Ky. Const. § 116). The plain-English summary is original and written by us. Last verified July 9, 2026. ·
Official source
Also known as: Rule 61.02 KentuckyCR 61.02palpable error Kentuckymanifest injustice standardunpreserved error on appeal Kentucky