N.D. R. Civ. P. 61

As amended through March 18, 2024

Rule 61 - Harmless Error

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.

N.D. R. Civ. P. 61

Joint Procedure Committee Minutes of January 28-29, 2010, pages 11-12; November 29-30, 1979, page 19; Fed.R.Civ.P. 61.

EXPLANATORY NOTE Rule 61 was amended, effective 3/1/2011. Rule 61 is identical to Fed.R.Civ.P. 61. Rule 61 was amended, effective 3/1/2011, in response to the12/1/2007, 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.

Rules 8 (General Rules of Pleading), 32 (Use of Depositions in Court Proceedings), 59 (New Trials Amendment of Judgments), and 60 (Relief From Judgment or Order), N.D.R.Civ.P.; Rule 52 (Harmless Error and Obvious Error), N.D.R.Crim.P.; Rule 103 (Rulings on Evidence), N.D.R.Ev.