Rule 61.Harmless Error
Enacted effective October 1, 2011 · Last verified June 26, 2026
Full Text of Rule 61
Plain-English Summary
Not every mistake in a trial matters. Rule 61 directs that, unless justice requires otherwise, no error — in admitting or excluding evidence, or any other error by the court or a party — is grounds for a new trial, for setting aside a verdict, or for disturbing a judgment or order. At every stage, the court must disregard errors and defects that do not affect any party's substantial rights.
Frequently Asked Questions
What is the harmless-error rule?
It means a court will not grant a new trial or disturb a judgment because of an error — in an evidence ruling or otherwise — unless that error affected a party's substantial rights.
Does Rule 61 apply only to evidentiary errors?
No. It applies at every stage of the proceeding to any error or defect by the court or a party, not just rulings admitting or excluding evidence, and the court must disregard those that do not affect a party's substantial rights.