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.
EXPLANATORY NOTE
Rule 61 is identical to Rule 61, FRCivP.
SOURCES: Joint Procedure Committee Minutes of November 29-30, 1979, page 19; Rule 61, FRCivP.
CROSS REFERENCE: 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.