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A mistrial may be declared due to:
  • The Court determining that it lacks Jurisdiction over a Case

  • Evidence being admitted improperly

  • Misconduct by a party, a juror or an outside actor preventing a Fair Trial

  • A Hung Jury which cannot reach a verdict with the required degree of unanimity

  • Disqualification of a juror after the jury is impanelled, unless an alternate juror is available or the litigants agree to proceed with the remaining jurors.


Declaration of a mistrial means another trial must be held in the same matter: one important exception under the United States Constitution is that in criminal cases, if a mistrial was erroneously declared by the court, or if a mistrial was the result of prosecutorial misconduct that had the effect of "goading" the defendant into moving for it, then a retrial is barred by the protection against Double Jeopardy and the prosecution is terminated.