Unless justice requires otherwise, no error in admitting or excluding evidence—or any other error by the court or a party—is grounds 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 shall disregard all errors and defects that do not affect any party’s substantial rights.
Rule 61.Harmless error
Current through January 1, 2025 · Last verified July 8, 2026
In one sentenceRule 61 bars granting a new trial, setting aside a verdict, or disturbing a judgment for an error in admitting or excluding evidence or any other error, unless justice requires it, and directs the court to disregard any error or defect that doesn't affect a party's substantial rights.
Full Text of Rule 61
Amendment History
The current West Virginia Rules of Civil Procedure took effect January 1, 2025, as part of a rewrite that modernized the rules’ numbering and structure. West Virginia 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 January 1, 2025 update; for the underlying adopting order and any later amendments, see the West Virginia Judiciary’s compiled rules page.
Plain-English Summary
Not every mistake at trial matters enough to undo the result. Rule 61 is the harmless-error rule: unless justice requires a different outcome, an error in admitting or excluding evidence — or any other error by the court or a party — isn't grounds for a new trial, for setting aside a verdict, or for vacating, modifying, or otherwise disturbing a judgment or order. At every stage of a case, the court is supposed to look past errors and defects that don't touch a party's substantial rights.
Frequently Asked Questions
Does every trial error entitle a party to a new trial?
No. Rule 61 requires the court to disregard errors and defects that don't affect a party's substantial rights, unless justice requires otherwise.
What kinds of errors does Rule 61 cover?
Any error in admitting or excluding evidence, and any other error by the court or a party — none of them justify disturbing a judgment unless they affected a party's substantial rights.
Source & verification. The rule text is reproduced verbatim from the
official West Virginia Rules of Civil Procedure (W. Va. R. Civ. P. 61). Prescribed by the Supreme Court of Appeals of West Virginia (W. Va. Const. art. VIII, § 3). The plain-English summary is original and written by us. Last verified July 8, 2026. ·
Official source
Also known as: harmless error rulesubstantial rights standard