trial procedures · procedure
A mistrial motion is a legal request made during a trial to terminate proceedings on the grounds that a fundamental error has occurred, which adversely affects the fairness or integrity of the trial. If granted, the case may be retried or dismissed altogether.
There must be a significant mistake or error committed during the trial that warrants a mistrial.
What to prove: The moving party must demonstrate that the error is substantial enough to compromise the fairness of the trial.
The moving party must show that they have been prejudiced by the error.
What to prove: It must be proved that the error had a direct impact on the outcome of the trial, affecting the ability to receive a fair trial.
The motion for mistrial must be made at an appropriate time during the trial.
What to prove: The moving party must file the motion promptly after the error is identified or occurs.
The burden lies with the party making the motion, and the standard is typically a preponderance of the evidence.
Exam questions may ask to analyze a scenario where a mistrial motion is evaluated based on trial errors, so focus on the impacts of those errors and the appropriate timing for the motion.