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.
Rule 61.Harmless error
Group VII: Judgment · Last amended March 1, 2019 · Last verified July 14, 2026
In one sentenceRule 61 tells a court to look past errors and defects that didn't affect a party's substantial rights, so a new trial or a changed judgment is reserved for mistakes that mattered.
Full Text of Rule 61
Amendment History
Amended eff. 3-1-19.
Plain-English Summary
No trial runs perfectly. Evidence sometimes comes in that should have been excluded, or gets excluded when it should have come in; a court might misstep in some other way along the way. Rule 61 keeps those imperfections from automatically undoing a result. It directs the court, at every stage of a case, to disregard errors and defects that don't touch a party's substantial rights, and it says that unless justice demands otherwise, such an error is no basis for a new trial, for setting aside a verdict, or for disturbing a judgment or order.
The practical effect is to separate errors that mattered from errors that didn't. A party pointing to a mistake at trial has to show more than that something went wrong; it has to show the mistake was likely to have changed the outcome or otherwise struck at a right the party was entitled to have respected. Minor slips, evidence that was cumulative of other properly admitted proof, or a misstep that neither side's substantial rights turned on, won't support relief. This rule works alongside Rule 60's grounds for relief and Rule 59's grounds for a new trial — it's the backstop that keeps courts from unwinding otherwise sound judgments over errors that didn't change anything.
Frequently Asked Questions
What does Rule 61 do?
It sets the standard a court uses when deciding whether an error during a case is serious enough to justify a new trial or a change to the judgment. Under Rule 61, an error only counts if it affected a party's substantial rights; everything else gets disregarded.
What is a 'substantial right' in this context?
It generally refers to a right that goes to the fairness of the outcome — for example, the right to have a jury weigh properly admitted evidence, or the right to a decision uninfluenced by a mistake that likely swayed the result. An error that had no real bearing on how the case came out doesn't rise to that level.
Does Rule 61 mean trial errors never matter?
No. It means errors are judged by their effect, not just their existence. A mistake that changed what the fact-finder considered, or that unfairly disadvantaged a party, can still support a new trial or other relief. Rule 61 filters out the errors that, however real, didn't change anything that mattered.
Who has to show the error was harmless or harmful?
Rule 61 doesn't assign a formal burden by name, but in practice the party seeking relief needs to connect the error to some effect on its substantial rights. A court applying Rule 61 will look at the whole record to judge whether the error was significant enough to warrant undoing the result.
How does Rule 61 relate to a motion for a new trial under Rule 59?
Rule 59 lists the grounds on which a new trial can be sought, including errors in the proceedings. Rule 61 acts as a check on that process: even if a party identifies an error, Rule 61 tells the court to grant relief only when the error affected substantial rights, not merely because a mistake occurred.
Source & verification. Rule text, official Advisory Committee
Notes, and amendment history are reproduced verbatim from the Nevada Rules of Civil
Procedure, adopted by the Supreme Court of Nevada. Last verified July 14, 2026.
· Official source
Also known as: harmless error ruleharmless error doctrinesubstantial rights standardtrial error not grounds for new trialdisregard harmless mistakes