(A) Harmless Error. An error in the admission or the exclusion of evidence, an error in a ruling or order, or an error or defect in anything done or omitted by the court or by the parties is not ground for granting a new trial, for setting aside a verdict, or for vacating, modifying, or otherwise disturbing a judgment or order, unless refusal to take this action appears to the court inconsistent with substantial justice.
Rule 2.613.Limitations on Corrections of Error
Current through May 1, 2026 · Last verified July 6, 2026
In one sentenceRule 2.613 says a harmless error in a Michigan case is not grounds for a new trial or for disturbing a judgment unless refusing to act would be inconsistent with substantial justice, limits who can vacate or stay a judgment to the judge who entered it, and holds trial-court factual findings to a clearly-erroneous standard on review.
Full Text of Rule 2.613
(B) Correction of Error by Other Judges. A judgment or order may be set aside or vacated, and a proceeding under a judgment or order may be stayed, only by the judge who entered the judgment or order, unless that judge is absent or unable to act. If the judge who entered the judgment or order is absent or unable to act, an order vacating or setting aside the judgment or order or staying proceedings under the judgment or order may be entered by a judge otherwise empowered to rule in the matter.
(C) Review of Findings by Trial Court. Findings of fact by the trial court may not be set aside unless clearly erroneous. In the application of this principle, regard shall be given to the special opportunity of the trial court to judge the credibility of the witnesses who appeared before it.
Amendment History
Michigan tracks the orders that adopt and amend its Court Rules in a separate administrative record rather than printing a history note beneath each rule in the compiled rules text reproduced here. The text above is verified current through the source’s own May 1, 2026 update; for the full order-by-order history of this rule, see the Michigan Supreme Court’s rules and orders page.
Plain-English Summary
Not every mistake in a trial deserves a do-over. An error in admitting or excluding evidence, in a ruling or order, or in anything else done or omitted by the court or the parties isn't grounds for a new trial, for setting aside a verdict, or for vacating, modifying, or otherwise disturbing a judgment or order, unless refusing to take that action would be inconsistent with substantial justice — the familiar harmless-error standard.
Once a judgment or order is entered, only the judge who entered it can set it aside, vacate it, or stay proceedings under it, unless that judge is absent or unable to act, in which case another judge otherwise empowered to rule in the matter can step in. And when a trial court's factual findings come up on review, they can't be set aside unless clearly erroneous, with real weight given to the trial court's unique position to judge the credibility of the witnesses who appeared before it.
Frequently Asked Questions
Does every trial error entitle me to a new trial?
No. Under the harmless-error rule, an error in evidence, a ruling, or anything else done or omitted isn't grounds for a new trial or disturbing a judgment unless not doing so would be inconsistent with substantial justice.
Can a different judge undo a judgment that another judge entered?
Generally no. Only the judge who entered the judgment or order can set it aside, vacate it, or stay it, unless that judge is absent or unable to act, in which case another judge empowered to rule can do so.
How closely do appellate courts scrutinize a trial court's factual findings?
Findings of fact can't be set aside unless clearly erroneous, and reviewing courts give real weight to the trial court's special opportunity to judge witness credibility firsthand.
Source & verification. The rule text is reproduced verbatim from the
official Michigan Court Rules (MCR 2.613). Prescribed by the Supreme Court of Michigan (Mich. Const. 1963, art. VI, § 5). The plain-English summary is original and written by us. Last verified July 6, 2026. ·
Official source
Also known as: harmless error Michiganclearly erroneous standard Michigancorrection of error by other judges