Mistrial

What mistrial means

In short, mistrial is a term you will meet in court papers, rules and legal research. The definition above gives its usual meaning in American civil practice. However, the exact meaning can depend on the rule, statute or court decision that uses it. So it helps to read the term in context.

Where mistrial comes up

For example, the term appears in these procedures:

• Motion for a New Trial (Fed. R. Civ. P. 59(a)–(b)): a request that the court grant a new trial on all or some issues.

How to research the term

To research mistrial, begin with the rule, statute or contract where the word is used. Each one can give it a slightly different meaning. Then compare that text with how courts in your area have applied it. Also check the local rules of your court, since they can add requirements. If your case is in state court, the state rules control. So start with our state procedures guide to find them. In the end, always confirm that the source you rely on is current.

You can read the official rule text online for free.

Related legal terms

• Verdict: the decision of a jury on the questions submitted to it.
• Remittitur: a court's order reducing a jury's damages award that it finds excessive. In federal court, the plaintiff is usually given the choice of accepting the lower amount or having a new trial.
• Minister: a member of the clergy, or a high government official, such as a cabinet minister in a parliamentary system.
• Ministerial: describes a duty that an official must perform in a set way, without using judgment or discretion, once the required conditions are met.

Why precise terms matter

Legal words often look like everyday words, but they can carry a precise meaning. Because of that, a small misreading can change how you understand a deadline, a duty or a right. Our glossary keeps each definition short and links it to the procedures where it matters.