RULE 61. HARMLESS ERROR

Effective Date: 3/1/2011

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.

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; Fed.R.Civ.P. 61.

CROSS REFERENCE: 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 Judgments), and N.D.R.Civ.P. 60 (Relief From Judgment or Order); N.D.R.Crim.P. 52 (Harmless Error and Obvious Error); N.D.R.Ev. 103 (Rulings on Evidence).

Effective Date Obsolete Date
03/01/2011 View
11/29/1979 03/01/2011 View