What is a motion for a mistrial?

A motion for a mistrial is a legal request made by a party in a legal case to have a trial stopped and declared void. In the state of Maryland, in order to have a motion for a mistrial granted, the requesting party must demonstrate to the court that some form of prejudicial or improper action has taken place, and the trial can no longer proceed fairly. Examples of such prejudicial or improper actions include prejudicial media coverage, admission of prejudicial evidence, or misconduct by one of the parties or the jury. The motion must be filed with the court before a verdict is reached or a judgment is entered. If the court grants the mistrial, the case is considered as if it never went to trial. All the evidence and testimony that was presented is no longer valid, and the case must start all over again with a new trial. The court may either grant or deny the motion for a mistrial. If the court grants the motion, the case must begin again with a full trial. If the court denies the motion, the case continues as if the motion never occurred. Therefore, it is important that the requesting party demonstrates to the court that the prejudicial or improper action has taken place and that the trial can no longer proceed fairly.

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