Harmless error

What harmless error means

In short, harmless error is a term you will meet in court papers, rules and legal research. The definition above gives its usual meaning in American civil practice. However, the exact meaning can depend on the rule, statute or court decision that uses it. So it helps to read the term in context.

Where harmless error comes up

The term is used across many kinds of cases. For example, you may see it in pleadings, motions and court orders. To see it in context, browse the motions and procedures library or the Learn the Law topics.

Read the source: Reversible error.

How to research the term

To research harmless error, begin with the rule, statute or contract where the word is used. Each one can give it a slightly different meaning. Then compare that text with how courts in your area have applied it. Also check the local rules of your court, since they can add requirements. If your case is in state court, the state rules control. So start with our state procedures guide to find them. In the end, always confirm that the source you rely on is current.

You can read the current federal court rules online for free.

Related legal terms

• Grantor trust: for federal income tax purposes, a trust whose income is taxed to the grantor (settlor) because the grantor keeps certain powers or interests, under 26 U.S.C. §§ 671 to 679. A revocable trust is usually a grantor trust.
• Guardian: a person appointed by a court with the legal authority and duty to care for another person, called a ward — such as a minor or an adult who cannot manage his or her own affairs — or the ward's property.
• Guilty: responsible for a crime. A defendant becomes guilty in the legal sense by pleading guilty or by being found guilty at trial beyond a reasonable doubt. In federal court, a judge must make sure a guilty plea is voluntary and has a factual basis before accepting it (Fed. R. Crim. P. 11(b)).
• Habeas corpus: latin for "you have the body." A court order, or writ, requiring that a person held in custody be brought before the court so it can decide whether the detention is lawful.

Why precise terms matter

Legal words often look like everyday words, but they can carry a precise meaning. Because of that, a small misreading can change how you understand a deadline, a duty or a right. Our glossary keeps each definition short and links it to the procedures where it matters.