Steps in a Trial

Mistrials

Mistrials are trials that are not successfully completed. They’re terminated and declared void before the jury returns a verdict or the judge renders his or her decision in a nonjury trial.

Mistrials can occur for many reasons:

• death of a juror or attorney
• an impropriety in the drawing of the jury discovered during the trial
• a fundamental error prejudicial (unfair) to the defendant that cannot be cured by appropriate instructions to the jury (such as the inclusion of highly improper remarks in the prosecutor's summation)
• juror misconduct (e.g., having contacts with one of the parties, considering evidence not presented in the trial, conducting an independent investigation of the matter)
• the jury's inability to reach a verdict because it is hopelessly deadlocked.

Either side may make a motion for a mistrial. The judge will either grant the motion and declare a mistrial, or he or she will not grant the motion and the trial will go on.

>>Diagram of How a Case Moves Through the Courts
>>Civil and Criminal Cases
>>Settling Cases
>>Pre-trial Procedures in Civil Cases
>>Jurisdiction and Venue
>>Pleadings
>>Motions
>>Discovery
>>Pre-Trial Conferences
>>Pre-trial Procedures in Criminal Cases
>>Bringing the Charge
>>Arrest Procedures
>>Pre-Trial Court Appearances in Criminal Cases
>>Bail
>>Plea Bargaining
>>Civil and Criminal Trials
>>Officers of the Court
>>The Jury Pool
>>Selecting the Jury
>>Opening Statements
>>Evidence
>>Direct Examination
>>Cross-examination
>>Motion for Directed Verdict/Dismissal
>>Presentation of Evidence by the Defense
>>Rebuttal
>>Final Motions
>>Closing Arguments
>>Instructions to the Jury
>>Mistrials
>>Jury Deliberations
>>Verdict
>>Motions after Verdict
>>Judgment
>>Sentencing
>>Appeals

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