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.
Unless justice requires otherwise, no error in admitting or excluding evidence, or any other error by the court or a party, is ground 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 must disregard all errors and defects that do not affect any party's substantial rights.
Rule 61 was amended, effective March 1, 2011.
Rule 61 is identical to
Fed.R.Civ.P. 61 , FRCivP.
Rule 61 was amended, effective March 1, 2011, in response to the December 1, 2007, revision of the Federal Rules of Civil Procedure. The language and organization of the rule were changed to make the rule more easily understood and to make style and terminology consistent throughout the rules.
Sources: Joint Procedure Committee
Minutes of January 28-29, 2010, pages 11-12;
November 29-30, 1979, page 19;
61 , FRCivP.
Rules N.D.R.Civ.P. 8 (General
Rules of Pleading), N.D.R.Civ.P. 32 (Use of
Depositions in Court Proceedings), N.D.R.Civ.P. 59 (New Trials Amendment of
N.D.R.Civ.P. 60 (Relief From Judgment or Order) ,
N.D.R.Civ.P.; Rule N.D.R.Crim.P. 52 (Harmless
Error and Obvious Error) , N.D.R.Crim.P.; Rule
N.D.R.Ev. 103 (Rulings on Evidence) , N.D.R.Ev.