What is Mistrial?
Updated January 24, 2026
A trial that is terminated and declared invalid before a verdict is reached, typically due to a fundamental procedural error, juror misconduct, or a deadlocked jury.
Understanding Mistrial
When a mistrial is declared, the case is not resolved and must be retried before a new jury unless the parties settle. Common causes include prejudicial statements made in front of the jury, discovery of juror misconduct, evidence tampering, or a hung jury that cannot reach a unanimous verdict. A mistrial is costly and time-consuming for all parties.
Examples
- 1Mistrial declared after attorney mentions defendant's insurance in front of jury
- 2Jury unable to reach unanimous verdict resulting in hung jury mistrial
- 3Mistrial due to witness providing testimony previously excluded by the court
Related Terms
Verdict
The formal decision or finding made by a jury (or judge in a bench trial) on the questions of fact submitted to them during a trial.
Voir Dire
The jury selection process during which attorneys and the judge question potential jurors to determine their suitability and identify any biases that could affect their impartiality.
Motion in Limine
A pre-trial motion filed by either party asking the court to rule on the admissibility of specific evidence before the trial begins.
Jury Instructions
Written legal directions given by the judge to the jury at the end of a trial, explaining the applicable law and the legal standards the jury must use to reach their verdict.
Statute of Limitations
A law that sets the maximum time after an event within which legal proceedings may be initiated. Once the statute of limitations expires, the claim is typically barred forever.
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