Divorce Dex.com: Mistrial

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Definition Mistrial - a trial terminated due to some kind of error.

Application in Divorce Normally, a mistrial happens when an error in procedure so prejudices the proceedings that continuing the trial would be wasteful because the essential element of fairness has been lost.

In a bench trial, the death of the judge or the an attorney would cause a mistrial.

A mistrial is the equivalent of no trial, and it means that the case has to be tried again.

Mistrials are far more common in jury trials and seldom happen in divorce actions, even those relatively few that go to trial.

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