Legal Definitions - abortive trial

An abortive trial refers to a legal proceeding that is terminated prematurely by a judge before a verdict or final judgment can be reached. This typically occurs due to a serious procedural error, misconduct, or an unforeseen event that compromises the fairness or integrity of the trial. When a trial is declared abortive, it is as if the trial never happened, and the parties are usually left in the same legal position as before the trial began, often necessitating a new trial.

Here are some examples illustrating an abortive trial:

• Juror Misconduct: During a high-profile criminal trial, it was discovered that a juror had been actively posting about the case on social media and conducting their own research into the defendant's background, directly violating the judge's instructions. The judge declared an abortive trial, as the juror's actions tainted the impartiality of the jury, making a fair verdict impossible. A new trial with a fresh jury was ordered.

  This illustrates an abortive trial because the trial ended prematurely due to a serious breach of conduct that undermined the fundamental fairness of the proceedings, requiring the entire process to restart.

• Procedural Error: In a civil lawsuit concerning a breach of contract, the prosecuting attorney accidentally displayed a document to the jury that had previously been ruled inadmissible evidence by the judge. Despite immediate attempts to mitigate the error, the judge determined that the jury had been irrevocably prejudiced by seeing the forbidden evidence. To preserve the integrity of the legal process, the judge declared an abortive trial, requiring the case to be retried from the beginning.

  This demonstrates an abortive trial because a significant procedural error occurred that could not be corrected, making it impossible to continue the trial fairly and necessitating a complete restart.

• Unforeseen Event: Halfway through a complex patent infringement trial, the lead defense attorney suffered a sudden, severe medical emergency that rendered them unable to continue participating for an extended period. Given the intricate nature of the case and the attorney's unique expertise, the judge concluded that proceeding without them, or with a hastily appointed replacement, would severely prejudice the defendant. Consequently, the judge declared an abortive trial, allowing the defense time to secure new counsel and prepare for a fresh start.

  This is an example of an abortive trial because an unexpected and critical event made it impossible to continue the trial fairly for one of the parties, leading to its termination without a verdict.