Rule 23.5 Mistrials

A judge can stop a trial before it finishes and declare a mistrial in certain situations. This can happen if someone acting for one side, like a lawyer or a person working with them, does something wrong that seriously and unfairly hurts the other side's case. When this happens, either side can ask the judge to call a mistrial.

A judge can also call a mistrial without anyone asking, or if a side requests it, in two other situations. First, if the trial simply cannot continue the right way under the law. Second, if it becomes clear the jury will never be able to agree on a verdict, no matter how much longer they deliberate.

In short, this rule gives judges a way to stop a trial when something goes seriously wrong, whether that's bad behavior by one side or a jury that's hopelessly stuck. If a mistrial is declared, the case typically has to start over, often with a new jury.