Rule 26.3 – Mistrial

May 14, 2021 | Criminal Procedure, West Virginia

Before ordering a mistrial, the court shall provide an opportunity for the state and for each defendant to comment on the propriety of the order, including whether each party consents or objects to a mistrial, and to suggest any alternatives.

W.Va. R. Crim. P. 26.3

Adopted effective September 1, 1995.