28 USC App Fed R Civ P Rule 61: Harmless Error
Result 1 of 1
   
 
<< Previous   TITLE 28 / APPENDIX / FEDERAL RULES OF CIVIL PROCEDURE / VII. JUDGMENT / RULE 61   Next >>
 
28 USC App Fed R Civ P Rule 61: Harmless Error
From Title 28-AppendixFEDERAL RULES OF CIVIL PROCEDUREVII. JUDGMENT
Jump To: Miscellaneous

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).