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.
Rule 61.Harmless Error.
Current through February 2024 · Last verified July 8, 2026
In one sentenceRule 61 tells the court to disregard trial errors and other defects that do not affect a party's substantial rights, allowing a new trial or a disturbed judgment only when refusing to act would be inconsistent with substantial justice.
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 tells the court to look past errors that do not hurt anyone’s case. Mistakes in admitting or excluding evidence, and other errors or defects in rulings, orders, or anything the court or the parties did or failed to do, are not by themselves grounds for a new trial, for setting aside a verdict, or for vacating, modifying, or otherwise disturbing a judgment or order.
The rule allows that kind of relief only when refusing to act would be inconsistent with substantial justice. At every stage of a case, the court must disregard any error or defect that does not affect a party’s substantial rights, so a case turns on the errors that mattered rather than on every imperfection in the record.
Frequently Asked Questions
Does every mistake at trial entitle a party to a new trial?
No. Rule 61 says an error or defect is grounds for a new trial or for disturbing a judgment only when refusing to act would be inconsistent with substantial justice. Errors that do not affect a party’s substantial rights must be disregarded.
What kinds of errors does Rule 61 cover?
It covers errors in admitting or excluding evidence and any other error or defect in a ruling, order, or in anything done or omitted by the court or by the parties during the proceeding.
Why does Rhode Island have a harmless error rule?
It keeps the focus on errors that affected the outcome. Requiring the court to disregard defects that do not touch a party’s substantial rights avoids retrials or reversals over mistakes that made no real difference to the result.
Source & verification. The rule text is reproduced verbatim from the
official Rhode Island Superior Court Rules of Civil Procedure (R.I. Super. Ct. R. Civ. P. 61). Prescribed by the Supreme Court of Rhode Island (R.I. Gen. Laws § 8-6-2). The plain-English summary is original and written by us. Last verified July 8, 2026. ·
Official source
Also known as: harmless error ruleharmless error rhode islandevidentiary error new trialsubstantial rights error standarderror not affecting outcomerule 61 civil procedure