What is a motion for a mistrial?

A motion for a mistrial is a legal motion that is filed by one party during a trial in court. It is generally filed in the event of an event or occurrence that could unfairly influence the outcome of the trial. In Mississippi, once a motion for a mistrial has been filed, the judge will typically take a recess in order to review the facts of the motion and determine if a mistrial is warranted. This decision is solely up to the judge and can be granted for a number of reasons, such as prejudice on behalf of the jury, an issue with evidence introduced by the plaintiff or defendant, or any other circumstance that could be deemed to be unfairly influencing the outcome of the trial. If the motion is granted, the entire trial process will need to be restarted from the beginning.

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