What is a motion for a mistrial?

A motion for a mistrial is a legal argument made in court during a trial that asks the court to stop the trial before it is completed. This motion is usually brought up because of some kind of serious mistake or irregularity that has occurred during the trial which makes it impossible for the trial to be concluded fairly and impartially. In Virginia, a motion for mistrial is a request to the judge to declare a mistrial because of these kinds of irregularities. In some cases, a mistrial may be declared if there is misconduct by the parties that is so prejudicial that the jury cannot be expected to decide the case fairly. For example, if a witness testifies in a manner that makes it impossible for the jury to consider the facts, a mistrial may be declared. Other possible causes of mistrial include jury misconduct, improper evidence being presented to the jury, or incorrect jury instructions. In Virginia, a motion for a mistrial can be made at any time during the trial, typically when the mistake or irregularity is discovered. The court then has the discretion to grant the motion, or to deny it and continue with the trial. If the motion is granted, the entire trial will have to be redone from the beginning.

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