What is a motion for a mistrial?

A motion for a mistrial is a request made during a court hearing in Texas when there is a legal reason to end the trial before a verdict is reached. This request may be made by either the prosecution or defense if there is an issue that affects the fairness of the trial. Examples of reasons for mistrial include improper evidence being presented, bias among jurors, or discovery of new evidence. The motion is typically filed by the attorney making the request. After the motion is presented and discussed, the court may make a ruling immediately, or the judge may take time to consider the motion before making a decision. If the court grants the motion, then the current trial is ended without a verdict and all evidence presented is disregarded. A new trial in the same case may be convened, or charges may be dismissed. A motion for a mistrial is a serious legal request and should not be made without good cause. Filing an unnecessary motion can result in sanctions from the court or other consequences. It is important that the attorney representing a client in a Texas court is knowledgeable about legal motions such as a mistrial and is aware of the potential negative impact of such a request.

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