What is a motion for a mistrial?

A motion for a mistrial in Massachusetts is a request made by a party in a criminal case when they are unsatisfied with the proceedings of the court and want the court to declare the trial void and order a new trial. This motion can be made by the defendant or by the prosecution if they feel that something occurred during the trial which has prejudiced the outcome. For example, if a witness has given false testimony, or if new information or evidence has emerged which was not available at the time of the proceedings, a motion for a mistrial may be appropriate. The motion must be made during the trial or immediately afterwards. In order to be successful, the party must show that the outcome of the trial was affected by the mistake or irregularity. Once a motion for a mistrial has been made, the judge must decide if it is justified and if it should be granted. The judge will consider if the error or irregularity was significant enough to have affected the verdict and if it is likely that a new trial will result in a different verdict. If the judge rules that a mistrial should be granted, then the court will order a new trial with a fresh trial jury.

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