Rule 61.Harmless Error

Last amended July 1, 1970 · Last verified July 1, 2026

In one sentenceRule 61 requires courts to disregard any error or defect in the proceedings that doesn't affect a party's substantial rights, and bars granting a new trial or setting aside a judgment for harmless error unless refusing to do so would be inconsistent with substantial justice.

Full Text of Rule 61

Text size

No error in either the admission or the exclusion of evidence and no error or defect in any ruling or order or in anything done or omitted by the court or by any of the parties is ground for granting a new trial or for setting aside a verdict or for vacating, modifying or otherwise disturbing a judgment or order, unless refusal to take such action appears to the court inconsistent with substantial justice. The court at every stage of the proceeding must disregard any error or defect in the proceeding which does not affect the substantial rights of the parties.

End

Amendment History

Effective Date: July 1, 1970

Plain-English Summary

The court must disregard any error or defect in the proceeding that doesn't affect a party's substantial rights, at every stage of the case. No error in admitting or excluding evidence, and no other error or defect in any ruling, order, or act by the court or by a party, is grounds for setting aside a verdict, granting a new trial, or disturbing a judgment or order, unless refusing to take that action would be inconsistent with substantial justice.

Frequently Asked Questions

Does every mistake at trial justify a new trial?

No. Rule 61 requires the court to disregard errors that don't affect a party's substantial rights, and to grant relief only when ignoring the error would be inconsistent with substantial justice.

Does Rule 61 apply only to evidentiary rulings?

No. It covers any error or defect in a ruling, order, or act by the court or a party, not just decisions about admitting or excluding evidence.

Who decides whether an error was harmless?

The court, weighing whether the error affected the complaining party's substantial rights and whether disregarding it would be consistent with substantial justice.

Source & verification. The rule text, Effective Date, Amended dates, and Staff Notes are reproduced verbatim from the official Ohio Rules of Civil Procedure (Ohio R. Civ. P. 61). Prescribed by the Supreme Court of Ohio (Ohio Constitution, Art. IV, § 5(B)). The plain-English summary is original and written by us. Last verified July 1, 2026. · Official source

Also known as: harmless errorsubstantial rights