Sometimes a trial stops before the jury can return a verdict that counts. Here is what a mistrial is, why a judge declares one, and what happens to a North Carolina injury case afterward.
Also called: hung jury, deadlocked jury, declaring a mistrial
Most people hear the word mistrial in criminal news stories, usually next to the phrase hung jury. The same thing can happen in a civil injury case. A jury deadlocks, a juror does something improper, or a witness blurts out information the jury was never supposed to hear, and the judge decides the trial cannot fairly continue.
A mistrial is not a win or a loss. Nobody gets a judgment, and the claim is still alive. Joshua E. Palmer, Attorney at Law prepares clients for this possibility because it changes the timeline, the cost, and often the settlement conversation. This page explains why mistrials happen, how North Carolina handles a hung jury, how a mistrial differs from a motion for new trial, and how contributory negligence makes deadlocks more likely in North Carolina injury trials.
A mistrial is the judge’s declaration that the trial is over without a valid result. It can happen during jury selection, in the middle of the evidence, or after deliberations begin. Whatever the timing, the effect is the same: the jury is discharged, there is no verdict to enter, and the case returns to the court’s calendar to be tried again unless the parties settle or the claim is otherwise resolved.
North Carolina courts generally leave the decision to the trial judge’s discretion. The judge weighs whether a curative instruction, such as telling the jury to disregard something it heard, can fix the problem. If it cannot, a mistrial is the safer course than a verdict that would likely be set aside later.
The causes fall into a few familiar groups. Each one is about fairness: the judge has concluded that a verdict reached under these conditions would not be reliable.
| Reason | What it looks like | Typical result |
|---|---|---|
| Hung jury | Jurors report they cannot agree after real deliberation | Mistrial; case set for retrial |
| Juror misconduct | A juror researches the crash online or talks to a party | Mistrial if the taint cannot be cured |
| Prejudicial testimony | A witness mentions inadmissible insurance or a criminal charge | Curative instruction or mistrial |
| Attorney misconduct | Improper argument the judge cannot undo | Mistrial; possible sanctions |
| Emergency | Illness or loss of jurors with no alternates left | Mistrial unless the parties agree to continue |
Under N.C. R. Civ. P. 48 the parties may agree to continue with fewer than 12 jurors, which can avoid a mistrial when a juror is lost.
A hung jury is the most common cause of a mistrial. North Carolina courts generally require a unanimous verdict in civil cases unless the parties agree otherwise. N.C. R. Civ. P. 48 allows the parties to stipulate that the jury will consist of fewer than 12 people, or that a verdict or finding of a stated majority of the jurors will be taken as the verdict of the jury. Without that kind of agreement, one or two holdout jurors can prevent a verdict on an issue.
When jurors report that they are stuck, the judge usually asks them to keep deliberating for a reasonable time before giving up. If the deadlock is real, the judge declares a mistrial and discharges the jury. The plaintiff keeps the claim, the defendant keeps its defenses, and the case can be tried again before a different jury. The first trial is still useful: both sides have heard the witnesses under oath and seen how the evidence landed.
Timing is the key difference. A mistrial ends the trial before there is a verdict. A motion for new trial comes after a verdict and judgment and asks the judge to set the result aside; under Rule 59 it must be served within 10 days after entry of the judgment. A mistrial needs no post-trial motion because there is no judgment to attack.
A party can also ask for a mistrial during trial. When something prejudicial happens, the lawyer objects and moves for a mistrial on the spot. Making that motion promptly matters. A party who stays silent and waits to see the verdict may have a harder time raising the problem later.
North Carolina is one of the few places that still applies pure contributory negligence: if the injured person’s own negligence was a proximate cause of the injury, recovery is barred entirely. The defendant has the burden of proving that defense under N.C. Gen. Stat. § 1-139. Because so much rides on that single issue, jurors can split sharply over whether the plaintiff was even slightly careless, and that kind of split is a common path to a hung jury.
A worked example: a Charlotte driver is hit at an intersection and sues. The defense argues she glanced at her phone just before the crash. After two days of deliberation, ten jurors believe she was not negligent and two believe she was. Without a Rule 48 stipulation the jury cannot return a verdict, and the judge declares a mistrial. The case is set for retrial, and both sides now know exactly which evidence persuaded the jurors and which did not. Many cases settle at this point because the risk of a second trial is clearer.

Joshua E. Palmer
Managing Partner · Joshua E. Palmer, Attorney at Law
Attorney Palmer concentrates in personal injury law and trained in North Carolina law at North Carolina Central University School of Law in Durham. This glossary explains the terms he uses with clients every day, in plain English and with the North Carolina rule that applies.
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Responsible attorney: Joshua E. Palmer, Managing Partner · 106 Moran Dr #5106, Bonaire, GA 31005 · (478) 887-3734. Attorney advertising. This page is general legal information about North Carolina law, not legal advice for your situation; contacting the firm does not create an attorney-client relationship.
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