What is a motion for a mistrial?

A motion for a mistrial is a request to the court to declare a mistrial, or to end the trial without a verdict. It is often filed by either the defendant or the prosecutor if something happens during the course of the trial that makes it impossible for the case to proceed to a fair conclusion. In Delaware, a motion for a mistrial must be made orally in open court, or in writing and filed with the court clerk. The most common reasons for filing a motion for a mistrial include jury misconduct, such as one or more jurors discussing the case outside of the courtroom, the introduction of evidence or testimony that was not admissible in court, or an oversight by the judge or attorneys. In Delaware, both the defendant and the prosecutor are entitled to a fair trial. Therefore, if any of the above issues arise during the course of a trial, either party may file a motion for a mistrial, and the judge has the power to either grant or deny the motion. If the motion is granted, a new trial will be ordered.

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