Rule · Federal Rules of Criminal Procedure

Fed. R. Crim. P. 26.3 — Mistrial

Fed. R. Crim. P. 26.3

Type
Rule
Source
Federal Rules of Criminal Procedure
Jurisdiction
Federal
Date
2026-10-22
Current through
Nov 10, 2026 (Office of the Law Revision Counsel)

Before ordering a mistrial, the court must give each defendant and the government an opportunity to comment on the propriety of the order, to state whether that party consents or objects, and to suggest alternatives.

Citator

Fed. R. Crim. P. 26.3 — Mistrial is in force in the current edition of the Code, and nothing recorded condemns it.

Before ordering a mistrial, the court must give each defendant and the government an opportunity to comment on the propriety of the order, to state whether that party consents or objects, and to suggest alternatives.