Mistrial

A trial that has been terminated and declared void prior to thejury's returning a verdict (or the judge's declaring his verdict in a nonjurytrial) because of some extraordinary circumstance (such as death or illness ofa necessary juror or of an attorney), or because of some fundamental errorprejudicial to the defendant that cannot be cured by appropriate instructionsto the jury (such as the inclusion of highly improper remarks in theprosecutor's summation), or most commonly because of the jury's inability toreach a verdict because it is hopelessly deadlocked in its deliberations (hungjury). Mistrial does not result in a judgment for any party, but merelyindicates a failure of trial.