---
title: "Motion for Mistrial | Intro to Law"
description: "Motion for mistrial is a request to void a trial because a serious error or misconduct made it unfair, a core idea in Intro to Law and Legal Process."
canonical: "https://fiveable.me/introduction-law-legal-process/key-terms/motion-for-mistrial"
type: "key-term"
subject: "Intro to Law and Legal Process"
unit: "Unit 3"
---

# Motion for Mistrial | Intro to Law

## Definition

A motion for mistrial is a formal request to stop a trial and declare it invalid because a major error made the proceedings unfair. In Intro to Law and Legal Process, it shows how courts respond when fairness breaks down mid-trial.

## What It Is

A motion for mistrial is a request made during a trial asking the judge to end the trial because something happened that seriously damaged fairness. In Intro to Law and Legal Process, this usually comes up in the trial process when one side believes the jury can no longer decide the case fairly.

The request is not made just because a lawyer dislikes a ruling or a witness says something damaging. The problem has to be bigger than a normal trial mistake. Common reasons include juror misconduct, an attorney saying something improper, highly prejudicial evidence reaching the jury, or a statement in court that is so unfair it cannot be fixed with a simple instruction.

A mistrial does not mean the case is over forever. It usually means the current trial is treated as invalid, and the case may be tried again with a new jury. That makes a motion for mistrial different from a verdict, because there is no final winner or loser from the broken trial itself.

Judges have discretion when deciding whether to grant the motion. They look at how serious the error was, whether it can be cured, and whether it likely affected the outcome. If the judge thinks a quick remedy, like striking testimony or telling the jury to ignore a remark, is enough, the trial may continue instead of ending.

A good way to picture it is this: if the trial process is supposed to be a fair race, a motion for mistrial says the track has become too damaged to trust the result. Not every stumble matters, but some problems are so serious that continuing would risk an unjust verdict.

This term also connects closely to the rules of evidence and courtroom procedure. A mistrial issue usually appears when something slips past the normal safeguards, such as inadmissible evidence being heard by jurors or repeated misconduct by someone in the courtroom.

## Why It Matters

Motion for mistrial shows how the legal system protects due process during the trial process, not just before or after it. It explains what happens when fairness breaks down in the middle of a case and why courts need a remedy that is stronger than a simple warning or objection.

This term also helps you read courtroom problems with more precision. If a witness blurts out information the jury should never hear, or a lawyer makes an improper comment in front of jurors, you can ask whether the issue is just an error or a prejudicial error serious enough to derail the trial. That distinction matters because law is not only about whether something was wrong, but whether it actually threatened the integrity of the verdict.

In class discussions, this term often connects to questions about judicial discretion. The judge is not automatically required to stop the trial every time something goes wrong. Instead, the judge weighs the severity of the problem, the timing, and whether the damage can be fixed.

It also shows why trial procedure has so many rules around jury selection, evidence presentation, and jury instructions. Those steps exist partly to prevent situations where a mistrial becomes necessary in the first place.

## Connections

### Juror Misconduct

Juror misconduct is one of the clearest reasons a motion for mistrial may come up. If a juror ignores instructions, discusses the case outside deliberation, or uses outside information, the fairness of the whole trial can be compromised. In that situation, the question is whether the misconduct was serious enough to make the current jury unreliable.

### Admissible Evidence

A mistrial motion often follows the introduction of evidence that should not have reached the jury. If inadmissible evidence is highly prejudicial, a judge may decide the harm cannot be undone. This connection matters because trial lawyers spend a lot of time objecting to evidence for exactly this reason.

### Prejudicial Error

Prejudicial error is the kind of mistake that can affect the outcome, not just the record. A motion for mistrial usually depends on showing that the error was not harmless. That is why this term is so tied to fairness and to whether the jury may have been influenced in a way the court cannot repair.

### [Jury Instructions](/introduction-law-legal-process/key-terms/jury-instructions)

Jury instructions are one way a judge tries to prevent or fix problems during trial. If something improper happens, the judge may tell jurors to ignore it instead of ending the case. A mistrial becomes more likely when a problem is too serious for instructions to cure.

## On the AP Exam

A quiz question or case scenario may describe something that went wrong in the middle of trial, then ask whether a motion for mistrial would be a reasonable response. Your job is to spot the fairness problem, name the cause, and explain why the judge might grant or deny the request. In short-answer and essay prompts, connect the facts to juror misconduct, inadmissible evidence, or prejudicial error, then describe the likely effect on the trial. If the scenario includes a fix like a jury instruction, mention why that may or may not be enough. The best answers show that a mistrial is about protecting the integrity of the trial, not just reacting to any mistake.

## motion for mistrial vs objection

An objection is the immediate challenge to a question, statement, or piece of evidence during trial. A motion for mistrial is more serious because it asks the judge to end the trial altogether. Think of an objection as trying to stop or limit a problem right away, while a mistrial motion says the problem has already gone too far to fix.

## Key Takeaways

- A motion for mistrial asks the judge to declare the trial invalid because a serious error made the proceedings unfair.
- Not every courtroom mistake justifies a mistrial, only problems that are serious enough to threaten the verdict.
- Common triggers include juror misconduct, improper lawyer behavior, and prejudicial or inadmissible evidence reaching the jury.
- The judge decides whether the problem can be cured with a smaller remedy, like an instruction to the jury, or whether the trial must end.
- If granted, the case usually starts over with a new jury rather than ending with a final decision.

## FAQs

### What is motion for mistrial in Intro to Law and Legal Process?

A motion for mistrial is a formal request to stop a trial because something so serious happened that the proceedings are no longer fair. In Intro to Law and Legal Process, you usually see it during the trial process when juror misconduct, bad evidence, or improper statements might have affected the jury.

### When can a motion for mistrial be made?

It can be made during the trial, as soon as the problem appears. Lawyers usually raise it after an event that may have unfairly influenced the jury, such as a harmful outburst or evidence that should not have been admitted. Timing matters because the judge has to decide whether the damage can still be fixed.

### How is a motion for mistrial different from an objection?

An objection is a smaller, immediate response to a question, statement, or exhibit during trial. A motion for mistrial goes much further and asks the judge to end the trial because the problem has become too serious to cure. If the issue can be handled with a ruling or instruction, a mistrial may not be granted.

### What happens after a mistrial is granted?

The trial is treated as invalid, so there is no final verdict from that proceeding. In many cases the parties can try the case again before a new jury. That is why a mistrial is about resetting the process, not deciding who wins on the merits.

## Related Study Guides

- [3.5 Trial process](/introduction-law-legal-process/unit-3/trial-process/study-guide/KotHbpu8tPW6aLs9)

## About This Document

Canonical Fiveable pages are available as Markdown at the same path plus `.md`.

- [llms.txt](https://fiveable.me/llms.txt): index of Fiveable's sections and URL patterns
- [llms-full.txt](https://fiveable.me/llms-full.txt): complete subject and unit listing
- [MCP server](https://fiveable.me/mcp): call Fiveable as tools instead of fetching pages (`https://fiveable.me/api/mcp`)
- [MCP server for AP teachers](https://fiveable.me/mcp/teachers): a teacher's classes, assignments and AP-rubric grading (`https://fiveable.me/api/mcp/teacher`)

## Structured Data

```json
{"@context":"https://schema.org","@graph":[{"@type":"LearningResource","@id":"https://fiveable.me/introduction-law-legal-process/key-terms/motion-for-mistrial#resource","name":"Motion for Mistrial | Intro to Law","url":"https://fiveable.me/introduction-law-legal-process/key-terms/motion-for-mistrial","learningResourceType":"Concept explainer","educationalLevel":"AP® / High School","about":{"@id":"https://fiveable.me/introduction-law-legal-process/key-terms/motion-for-mistrial#term"},"audience":{"@type":"EducationalAudience","educationalRole":"student"},"dateModified":"2026-07-03T02:23:06.698Z","isPartOf":{"@type":"Collection","name":"Intro to Law and Legal Process Key Terms","url":"https://fiveable.me/introduction-law-legal-process/key-terms"},"author":{"@type":"Organization","@id":"https://fiveable.me/editorial#content-team","name":"Fiveable Content Team","url":"https://fiveable.me/editorial","parentOrganization":{"@id":"https://fiveable.me/#organization"},"member":[{"@type":"Person","name":"Amanda DoAmaral","sameAs":["https://www.linkedin.com/in/adoamaral"]},{"@type":"Person","name":"Becky Bahr","sameAs":["https://www.linkedin.com/in/becky-bahr-b52743132"]}]},"publisher":{"@type":"Organization","name":"Fiveable","url":"https://fiveable.me"}},{"@type":"DefinedTerm","@id":"https://fiveable.me/introduction-law-legal-process/key-terms/motion-for-mistrial#term","name":"motion for mistrial","description":"A motion for mistrial is a formal request to stop a trial and declare it invalid because a major error made the proceedings unfair. In Intro to Law and Legal Process, it shows how courts respond when fairness breaks down mid-trial.","url":"https://fiveable.me/introduction-law-legal-process/key-terms/motion-for-mistrial","inDefinedTermSet":{"@type":"DefinedTermSet","name":"Intro to Law and Legal Process Key Terms","url":"https://fiveable.me/introduction-law-legal-process/key-terms"}},{"@type":"FAQPage","mainEntity":[{"@type":"Question","name":"What is motion for mistrial in Intro to Law and Legal Process?","acceptedAnswer":{"@type":"Answer","text":"A motion for mistrial is a formal request to stop a trial because something so serious happened that the proceedings are no longer fair. In Intro to Law and Legal Process, you usually see it during the trial process when juror misconduct, bad evidence, or improper statements might have affected the jury."}},{"@type":"Question","name":"When can a motion for mistrial be made?","acceptedAnswer":{"@type":"Answer","text":"It can be made during the trial, as soon as the problem appears. Lawyers usually raise it after an event that may have unfairly influenced the jury, such as a harmful outburst or evidence that should not have been admitted. Timing matters because the judge has to decide whether the damage can still be fixed."}},{"@type":"Question","name":"How is a motion for mistrial different from an objection?","acceptedAnswer":{"@type":"Answer","text":"An objection is a smaller, immediate response to a question, statement, or exhibit during trial. A motion for mistrial goes much further and asks the judge to end the trial because the problem has become too serious to cure. If the issue can be handled with a ruling or instruction, a mistrial may not be granted."}},{"@type":"Question","name":"What happens after a mistrial is granted?","acceptedAnswer":{"@type":"Answer","text":"The trial is treated as invalid, so there is no final verdict from that proceeding. In many cases the parties can try the case again before a new jury. That is why a mistrial is about resetting the process, not deciding who wins on the merits."}}]},{"@type":"BreadcrumbList","itemListElement":[{"@type":"ListItem","position":1,"name":"Intro to Law and Legal Process","item":"https://fiveable.me/introduction-law-legal-process"},{"@type":"ListItem","position":2,"name":"Key Terms","item":"https://fiveable.me/introduction-law-legal-process/key-terms"},{"@type":"ListItem","position":3,"name":"Unit 3","item":"https://fiveable.me/introduction-law-legal-process/unit-3"},{"@type":"ListItem","position":4,"name":"motion for mistrial"}]}]}
```