Legal Definitions - abortive trial

An abortive trial is a legal term used to describe a trial that ends without a verdict or determinationon the merits. There are two types of abortive trials:

A mistrial occurs when the judge ends a trial due to a procedural error or serious misconduct that occurred during the proceedings. For example, if a witness gives testimony that was not allowed, the judge may declare a mistrial. In this case, the trial is stopped and a new trial may be scheduled.

A jury deadlock occurs when the jury cannot agree on a verdict. In this case, the judge may declare an abortive trial and a mistrial. The case may be retried with a new jury.

During a criminal trial, the defense attorney discovers that the prosecution did not disclose important evidence. The judge declares a mistrial and the case is scheduled for a new trial.

In another case, a jury is unable to reach a verdict after several days of deliberation. The judge declares an abortive trial due to a jury deadlock and the case is retried with a new jury.

These examples illustrate how an abortive trial can occur due to procedural errors or a jury's inability to reach a verdict.