Rule 61. Harmless Error

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.

Notes of Advisory Committee on Rules-1937

A combination of U.S.C., Title 28, §§391 [see 2111] (New trials; harmless error) and [former] 777 (Defects of form; amendments) with modifications. See McCandless v. United States, 298 U.S. 342 (1936). Compare [former] Equity Rule 72 (Correction of Clerical Mistakes in Orders and Decrees); and last sentence of [former] Equity Rule 46 (Trial-Testimony Usually Taken in Open Court-Rulings on Objections to Evidence). For the last sentence see the last sentence of [former] Equity Rule 19 (Amendments Generally).

Federal Rules of Criminal Procedure

Grounds for new trial, see rule 33, Title 18, Appendix, Crimes and Criminal Procedure.

Harmless and plain error, see rule 52.

Cross References

Federal Rules of Evidence, this Appendix.

Formal exceptions unnecessary, see rule 46.

Grounds for new trial, rule 59.

Harmless error on appeal or certiorari, see section 2111 of this title.

Instructions to jury, see rule 51.

Motion for judgment as a matter of law, see rule 50.

Motion for relief from judgment or order, see rule 60.

Power of appellate court to affirm, modify, reverse, and remand case, see section 2106 of this title.