What is a motion for a mistrial?

A motion for a mistrial is a legal term for asking the court to terminate an ongoing trial and to declare a mistrial. In North Carolina, a mistrial can be declared for a number of reasons, including if the jury has been exposed to improper information or evidence, if the jury is unable to come to a fair and impartial verdict, or if a judge or jury has made a legal error. In most circumstances, a motion for a mistrial must be made by an attorney involved in the trial. The judge must then determine whether the mistrial is warranted or if an alternate solution to the problem is available. For instance, if the jury has been exposed to improper evidence, the judge may instead order the jury to disregard that evidence rather than grant a motion for a mistrial. If a mistrial is granted, the new trial must be conducted exactly as if it were the first trial and the accused - and depending on the case, the plaintiff - must have a new opportunity to present their case and refute any evidence presented against them. In North Carolina, no matter how many trials take place, prosecutors and the courtroom defense counsel cannot be changed without the consent of both parties.

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