Rule 61.Harmless Error
Effective July 1, 1974 · Last verified June 26, 2026
Full Text of Rule 61
Rule History
Effective July 1, 1974.
Reporter’s Notes
(1996)
With the merger of the District Court rules into the Mass.R.Civ.P., minor differences which had existed between Mass.R.Civ.P. 61 and Dist./Mun.Cts.R.Civ.P. 61 have been eliminated.
(1973)
Federal Rule 61 is adopted without change. It is declarative of existing Massachusetts law as expressed in former G.L. c. 231, §§ 132 and 144 and in the decided cases. See, e.g., Runshaw v. Bernstein, 347 Mass. 405, 407-408, 198 N.E.2d 293, 295-296 (1964).
Plain-English Summary
Rule 61 is the civil harmless-error rule. No error in admitting or excluding evidence, and no defect in a ruling or in anything done or omitted by the court or the parties, is a ground for a new trial or for disturbing a verdict or judgment—unless refusing to act would be inconsistent with substantial justice. At every stage, the court must disregard any error or defect that does not affect the parties' substantial rights. The practical effect is that a party seeking relief must show the error mattered.
Frequently Asked Questions
Does every trial error lead to a new trial?
No. Rule 61 requires courts to disregard errors that do not affect the substantial rights of the parties. Relief is granted only where ignoring the error would be inconsistent with substantial justice.
Who has to show that a trial error mattered?
The party seeking relief. Rule 61 places the burden on that party to show the error affected a substantial right, rather than presuming that any error requires a new trial.