retrial

Retrial is the second or subsequent trial of a case that previously reached a conclusion but did not result in a final, enforceable resolution. In criminal law, retrials most often occur after a mistrial, such as a hung jury, or when a conviction or sentence is vacated on appeal or by post-conviction relief, requiring the case to be tried again. In civil cases, retrial may occur when a trial court sets aside a jury verdict or upon remand following an appellate ruling.

Grounds for retrial include jury deadlock, procedural errors that taint the verdict, or newly discovered evidence that could not have been found with reasonable diligence during the original trial. Whether a retrial is granted depends on the jurisdiction and the procedural posture of the case, and courts weigh interests of finality, deterrence, and fairness.

Double jeopardy generally limits retrial after an acquittal but allows retrial following a hung jury or after conviction is overturned on appeal or through post-conviction relief. In some systems, a successful appeal may remand the case for a new trial rather than overturning it wholly.

If ordered, retrial proceeds with a new jury and proceedings, subject to the same rules of evidence and rights to counsel as the original trial. The availability of a retrial can affect strategy, rights, and the timetable of justice.