Miss. R. Crim. P. 23.5

As amended through October 22, 2024

Rule 23.5 - Mistrials

Upon motion of any party, the court may declare a mistrial if there occurs during the trial, either inside or outside the courtroom, misconduct by a party, a party's attorney(s), or someone acting at the behest of a party or a party's attorney(s), resulting in substantial and irreparable prejudice to the movant's case.

Upon motion of a party or its own motion, the court may declare a mistrial if:

(a) The trial cannot proceed in conformity with the law; or

(b) It appears there is no reasonable probability of the jury's agreement upon a verdict.

Miss. R. Crim. P. 23.5

Adopted eff. 7/1/2017.

Comment

Rule 23.5 tracks former Rules 3.10 and 3.12 of the Uniform Rules of Circuit and County Court.