(a) For misconduct by the defendant. Upon motion of the plaintiff, the judge shall declare a mistrial if there occurs during the trial misconduct by the defendant, the defendant’s attorney, or a defendant’s witness resulting in substantial and irreparable prejudice to the plaintiff’s action. But if there are two or more defendants, the judge shall not declare a mistrial as to any defendant who is not an offending party and who requests that the trial continue. 13 (b) For misconduct by the plaintiff. Upon motion of the defendant, the judge shall declare a mistrial if there occurs during the trial misconduct by the plaintiff or a plaintiff’s witness resulting in substantial and irreparable prejudice to the defense. (c) Other reasons for declaring a mistrial. Upon motion of any party, or upon the judge’s own initiative, the judge shall declare a mistrial if: (1) the trial cannot proceed in conformity with law; or (2) the jury is deadlocked and there is no reasonable probability of a verdict.
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