A mistrial ends the proceeding before verdict. Common grounds include a hung jury, incurable prejudicial statements before the jury, juror misconduct, and disqualifying events affecting a party or counsel.
The case may generally be retried, since civil mistrials do not implicate double jeopardy.
Alternative Names:
Trial Termination, Declared Mistrial
Why it Matters?
Moving for a mistrial is a serious strategic decision because it forfeits a trial that may be going well and imposes the cost of retrying the case. Courts also strongly prefer curative instructions, so motions are frequently denied, and denial creates an appellate record only if the objection was contemporaneous and specific. Counsel should be clear about whether they actually want the trial to end before making the motion.
Frequently Confused with
Related terms
Frequently asked questions
Can a case be retried after a civil mistrial?
Why do courts prefer curative instructions?
