What is a motion for a mistrial?

A motion for a mistrial is a request to end a trial and declare a mistrial. It is made in court when something occurs that could prevent a fair trial. This might include a jury being exposed to evidence or information they should not have had access to, or a serious procedural error made by the court or a lawyer. In many cases, the motion for a mistrial is made by a party’s attorney as soon as the mistake or irregularity is discovered. In Washington, the court must review the motion and decide if it should grant the mistrial as requested. If the court finds that the motion is valid, it will declare a mistrial and dismiss the jury. A mistrial means the trial must start anew, either at a later date or from the beginning. In some cases, the court may deny the motion for a mistrial, either because the motion was not justified or because the court does not think it is necessary. If the court does deny the motion, it should allow the trial to continue. Any evidence that must be excluded is done so at the discretion of the court. In Washington, the court should take into account factors such as the potential prejudice caused by the mistake or irregularity and the complexity of the issues being tried when deciding whether to grant a motion for a mistrial. This decision is made on a case-by-case basis, and in most cases, it is up to the court’s discretion.

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