Rule 42-43. Motion for Mistrial; For Prejudice to Defendant

Upon motion of a defendant, the judicial authority may declare a mistrial at any time during the trial if there occurs during the trial an error or legal defect in the proceedings, or any conduct inside or outside the courtroom which results in substantial and irreparable prejudice to the defendant's case. If there are two or more defendants, the mistrial shall not be declared as to a defendant who does not make or join in the motion.

Committee Notes

(P.B. 1978-1997, Sec. 887.)