MS · rules
Miss. R. Crim. P. 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.
History
Comment: Rule 23.5 tracks former Rules 3.10 and 3.12 of the Uniform Rules of Circuit and County Court.
Provenance
- Source
- courts.ms.gov
- Retrieved
- 2026-09-25
- Edition
- 2026-09-25
- Content hash
75126627ddbbf578c709894b1c3e2be2c330d19309a8c5d177e00d300f37618a
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