Rule 61.Harmless Error.

Last verified July 6, 2026

In one sentenceRule 61 tells courts to disregard any error that doesn't affect a party's substantial rights, and to grant a new trial or set aside a judgment for an error only when doing otherwise would be inconsistent with substantial justice.

Full Text of Rule 61

Text size

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.

End

Amendment History

(Adopted by SCO 5 October 9, 1959)

Plain-English Summary

No mistake in admitting or excluding evidence, and no defect in any ruling, order, or anything a court or party did or failed to do, is by itself grounds for a new trial, for setting aside a verdict, or for vacating, modifying, or otherwise disturbing a judgment or order — unless refusing to act would be inconsistent with substantial justice. At every stage of a case, the court has to disregard any error or defect that doesn't affect the substantial rights of the parties, rather than let a technical misstep undo an otherwise sound result.

Frequently Asked Questions

Can a trial error automatically get a verdict thrown out?

No — under the harmless error rule, an error is grounds for relief only if letting it stand would be inconsistent with substantial justice; the court must otherwise disregard errors that don't affect a party's substantial rights.

What kinds of errors does Rule 61 cover?

Any error in admitting or excluding evidence, and any defect in a ruling, order, or anything done or omitted by the court or a party.

Source & verification. The rule text, Amendment History, and Notes are reproduced verbatim from the official Alaska Rules of Civil Procedure (Alaska R. Civ. P. 61). Prescribed by the Supreme Court of Alaska (Alaska Const. art. IV, § 15). The plain-English summary is original and written by us. Last verified July 6, 2026. · Official source

Also known as: harmless error rule Alaskasubstantial rights Alaska civil caseharmless error doctrinereversible error Alaska civil caseAlaska R. Civ. P. 61