Also known as: in nullo est erratum · no error · nil est erratum
Written by attorneys · grounded in primary & secondary sources — see below
A common-law plea asserting that the record contains no error. The plea is made in response to an assignment of error and has the effect of admitting the well-pleaded facts while denying the existence of any reversible mistake.
Nora Nash offered a key email at trial. The court excluded it on a late objection. After judgment for the defense, Nash appealed. The appellate court reviewed the full record and concluded that the remaining admitted evidence on the same point was comprehensive, so the exclusion caused no prejudice to substantial rights.
Nicole Navarro won a jury verdict in a diversity case. The defendant moved for a new trial claiming the damages were excessive under state law. The district court applied the state standard and denied the motion. On appeal the circuit court affirmed, holding that the verdict survived review under the applicable state rule without any record error requiring reversal.
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Nexus Technologies sued a magazine for libel. The jury found for the plaintiff. The defendant appealed, arguing the evidence of actual malice was insufficient. The appellate court examined the entire record and determined that the proof supported the verdict, leaving no error that affected the outcome.
Nolan Nunez was charged with robbery. At trial the prosecutor commented on his silence after receiving Miranda warnings. The defense objected. The court sustained the objection, instructed the jury to disregard the comment, and the conviction was later upheld because the brief reference did not affect the substantial rights of the defendant.
Nalini Narula claimed title under a state grant that the legislature later repealed. She sued the current possessor. The court upheld the original grant. On appeal the reviewing court found the repeal invalid and affirmed the judgment, declaring no error in the record that would disturb the title determination.
National Trust was convicted of wire fraud. It appealed, arguing the evidence was insufficient. The appellate court viewed the evidence in the light most favorable to the prosecution and determined that a rational trier of fact could have found the essential elements beyond a reasonable doubt, leaving the conviction undisturbed.
The plea asserts that the record contains no error. It functions as a denial of any reversible mistake while admitting the well-pleaded facts in the assignment of error.
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Rule 61 directs courts to disregard errors and defects that do not affect any party's substantial rights. This embodies the principle that only errors causing prejudice warrant disturbing a judgment.
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An appellate court finds no error when the excluded or admitted evidence is cumulative of other properly received proof and the ruling therefore does not affect substantial rights.
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Failure to make a timely objection ordinarily forfeits the claim. The court will not disturb the judgment unless the unpreserved error is plain and affects substantial rights.
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…346-347, 348-349, 350-351, and possibly a fourth, see Brief for Nonfederal Respondents in No. 76-528, pp. 19-20, n. 8. We see no error in the Commission's actions in this respect. Footnotes [^maj-17]: NRDC argues that the agency has in the past provided more than the minimum procedures specified in § 4 of the APA and…