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Rule 605. (A) Motions to withdraw a juror are abolished. (B) When an event prejudicial to the defendant occurs during trial only the defendant may move for a mistrial; the motion shall be made when the event is disclosed. Otherwise, the trial judge may declare a mistrial only for reasons of manifest necessity.
Share this conversation. Expert: legaleagle replied 7 years ago. As many times as a mistrial is warranted and the prosecution feels they want to continue to try to have a hearing. Typically though a judge will dismiss the indictment so that the DA can not motion for a new hearing afte 2-3 mistrails. legaleagle, Lawyer (JD) Category: Legal.