What is a motion for a mistrial?

A motion for a mistrial is a request made by a party in a legal proceeding, such as a trial, to terminate the proceedings and declare a do-over or “mistrial”. It is made when something unexpected detrimental to one party occurs that makes it impossible to proceed with a fair trial. This type of motion is often used in criminal cases in Kansas. It is the defendant’s right to move for a mistrial when something prejudicial has occurred on either side. An example of a defendant motion for a mistrial might be a comment made by a witness to the jury that indicates the defendant’s guilt. This would potentially prejudice the jury’s ability to make an impartial decision, so the defendant’s counsel would likely move for a mistrial. The judge would then consider the motion and either grant or deny it. In order for a mistrial to be declared, the judge must be persuaded that the alleged misconduct was serious enough to potentially cause irreparable harm to one party’s case. The judge is the one determining whether or not a mistrial should be granted and the decision is almost always made with the intent of ensuring fairness and justice for both sides.

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