mistrial
A mistrial occurs when a trial cannot fairly or properly proceed to a verdict. This can occur when a jury is unable to reach a verdict, or when a serious procedural error or misconduct creates a significant risk of an unfair trial. When a mistrial is declared, the particular trial is terminated without a decision on the merits, and a retrial may be permitted or ordered depending on the circumstances and applicable law.
For instances pertaining to procedural errors or misconduct, grounds for a judge to declare a mistrial may include the admission of prejudicial evidence; misconduct by the court, counsel, parties, or witnesses; and certain forms of jury misconduct or error, among other issues. Mistrials can occur in both civil and criminal cases.
In federal criminal cases, Federal Rules of Criminal Procedure Rule 26.3 provides that “[b]efore ordering a mistrial, the court must give each defendant and the government an opportunity to comment on the propriety of the order, to state whether that party consents or objects, and to suggest alternatives.”
There is no universal deadline for making a motion for a mistrial; however, a party should generally raise the issue promptly after the grounds for a mistrial become apparent. Promptly moving for a mistrial can help preserve the issue, avoid waiver, and give the court an opportunity to correct the underlying error before it causes further prejudice. The applicable timing and waiver rules may vary by jurisdiction and the basis for the motion.
[Last reviewed in September of 2026 by the Wex Definitions Team]
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