Rule 43. Harmless Error

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, for setting aside a verdict or finding, or for vacating, modifying, or otherwise disturbing a judgment or order, unless, upon an examination of the entire case, it appears to the court to which application is made that the error complained of has resulted in a miscarriage of justice, as required by 7 R. Stat. § 132.401.

Duty to Disregard. At every stage of the proceeding the court shall disregard any error or defect in the proceeding which does not affect the substantial rights of the parties.

Preservation. A party seeking relief on the ground of error shall show that the error was preserved by a timely objection, motion, or request stating the specific ground, made at the time the ruling was sought or the error occurred. An error not so preserved shall not be considered, except that the court may notice an error which, though unpreserved, has resulted in a miscarriage of justice.

Burden. The party asserting error bears the burden of showing, from the record, both that the error occurred and that it resulted in a miscarriage of justice.

Defects in the Electronic Record. A defect in a filing, in the transmission or receipt of a document, in the form or caption of a document, in the assessment or payment of a fee, in the notice given or not given by the electronic filing system, or in the time at which a participant received such notice, is not ground for disturbing a judgment or order unless it has resulted in a miscarriage of justice. The rejection of a filing, and the fact that a rejected or pending filing does not appear upon the public docket, are likewise not ground for disturbing a judgment or order absent such a showing.

Defects in the Proceeding Communications. The unavailability, interruption, or loss of the proceeding communications of a case, or of any part of the record of them, is not ground for disturbing a judgment or order unless it has resulted in a miscarriage of justice. Where a material part of the record of the proceeding communications is lost, the court may settle the record from the recollection of the participants, from any recording, and from any other reliable source.

Errors of Form. A variance between the pleadings and the proof, a defect in the form of a pleading or motion, a misdesignation of a paper, and a misnomer of a party which has not misled an adverse party to that party’s prejudice, shall be disregarded and may be corrected at any time.