Rule 61.Harmless Error.
Current through February 2024 · Last verified September 12, 2026
Full Text of Rule 61
Amendment History
Rhode Island does not publish a per-rule amendment history inside the compiled rules text reproduced here. The text above is verified current through the source’s own February 2024 printing; for the underlying adopting orders and any later amendments, see the Rhode Island Judiciary’s compiled rules page.
Plain-English Summary
Rule 61 works as a filter, and its reach is wide. It covers an error in admitting or excluding evidence, an error or defect in any ruling or order, and anything done or omitted by the court or by any party — no category of mistake sits outside it. None of that is a ground for granting a new trial or for vacating, modifying or otherwise disturbing a judgment or order. The single exception is where refusing to act appears to the court inconsistent with substantial justice, which is the court's own assessment and the only door the rule leaves open.
The second sentence points at the whole case rather than the end of it. At every stage of the proceeding the court must disregard any error or defect that does not affect the substantial rights of the parties. The question is never whether something went wrong. It is whether what went wrong touched something that mattered.
For anyone weighing a motion under Rule 59 or Rule 60, this is the standard the argument has to clear. Naming the error is the easy half. Showing that letting it stand would be inconsistent with substantial justice is the half that decides the motion.
Frequently Asked Questions
Will a mistake about evidence at trial get me a new trial?
Not by itself. Rule 61 puts an error in admitting or excluding evidence inside the same bar as every other error, so it is no ground for a new trial on its own.
Who has to show the error mattered?
The rule does not name a party. It bars relief for any error unless refusing to act appears to the court inconsistent with substantial justice, so the party asking the court to disturb a ruling or a judgment is the one who has to get there. Pointing at a mistake is not the same as showing it mattered.
Does this rule cover mistakes the judge made, not just the lawyers?
Yes. It reaches any error or defect in any ruling or order and anything done or omitted by the court or by any of the parties.
Can a harmless error be used to modify a judgment that is already entered?
No. The rule bars vacating, modifying or otherwise disturbing a judgment or order on such an error, subject to the same exception for substantial justice.
When does the court apply this rule?
At every stage of the proceeding, not only after a trial ends. The duty to disregard an error that does not affect substantial rights runs throughout the case.