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Mistrial

A mistrial is a trial that is ended early by the judge without a final verdict, usually because of a serious error or deadlocked jury.

What it actually is

A mistrial occurs when a trial is terminated before reaching a verdict due to a fundamental procedural error, misconduct, or a jury that cannot agree (a hung jury). It can be declared by the judge on their own motion or upon a party's request, and it means the case may be retried from scratch with a new jury.

Why it matters in your case

If a mistrial is declared, you do not get a final judgment against you, but the prosecution or plaintiff can typically bring the case again. It resets the process, so you may have to prepare for a second trial, which can be costly and stressful.

The common misunderstanding

Many people think a mistrial means the defendant is automatically acquitted or the case is dismissed forever. In reality, a mistrial usually allows the case to be retried, unless the court finds that retrial would be unfair.

Get the actual rule

Definitions are orientation; rules are authority

This page explains the concept. When it matters to your case, read the rule that governs it in your court — we hold Texas, federal and Washington court rules word for word, and every state's official resources are on the state pages. If someone cites a case at you, check that it exists first.

Related

Terms that travel with this one

General explanation, not legal advice, and not specific to any state — procedures and deadlines vary by jurisdiction and court. If you can get a lawyer or free legal aid, do: every real option.