CirTran Corporation (CIRX)

[MFlores]

Timing of Mistrial Order

A mistrial is defined as “either a trial that the judge brings to an end, without a determination on the merits, because of the procedural error or serious misconduct occurring during the proceedings, or a trial that ends inconclusively because the jury cannot agree on a verdict.” Redmond v. Socha, 216 Ill.2d 622 (2005).

“A motion for a mistrial is a procedural tool designed to cut short a trial for legal reasons which preclude a verdict and judgment.” McGrath v. Chicago & North Western, 1 90 Ill.App.3d 276 (1989). “This motion prevents parties from getting two chances at a verdict.” McGrath, 190 Ill.App.3d at 279.

A motion for a mistrial must be made before a verdict is rendered. It is untimely if it is made either after the verdict is rendered or a judgment is entered on the verdict.

“When the jury returns the unanimous verdict, a motion for a mistrial is untimely and inappropriate.” Redmond, 216 Ill.2d at 640.