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Idaho Rules of Civil Procedure Rule 47(u).  Declaration of Mistrial - Sanctions.

After trial is commenced, at any time proper to the rendering of a verdict, the court on its own motion or upon motion of any party may declare a mistrial if it determines an occurrence at trial has prevented a fair trial. If the court determines that a mistrial was caused by the deliberate misconduct of a party or attorney, the court may require the adverse party or the attorney, or both, to pay the reasonable expenses including attorney fees incurred by the opposing party or parties resulting from such misconduct.


(Adopted February 10, 1993, effective July 1, 1993; amended, Effective July 1, 2000; amended May 4, 2001, effective July 1, 2001).

As the Third Branch of Government, we provide access to justice through the timely, fair, and impartial resolution of cases.


Members of the
Idaho Supreme Court

Chief Justice Jim Jones
Justice Daniel T. Eismann
Justice Roger S. Burdick
Justice Warren E. Jones
Justice Joel D. Horton

Members of the
Idaho Court of Appeals

Chief Judge John M. Melanson
Judge Sergio A. Gutierrez
Judge David W. Gratton
Judge Molly J. Huskey



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