In all cases where the jury are discharged without having rendered a verdict, or are prevented from giving a verdict, by reason of accident or other cause, during the progress of the trial, or after the cause is submitted to them, except as provided in Section 630, the action may be again tried immediately, or at a future time, as the court may direct.
§ 616.Trial After Jury Discharged Without Rendering Verdict Or Prevented From Giving Verdict
Title 8. Of the Trial and Judgment In Civil Actions · Chapter 4. Trial by Jury · Article 2. Conduct of the Trial · Last amended 1947 · Last verified July 28, 2026
In one sentenceSection 616 allows an action to be retried, immediately or at a future time as the court directs, whenever the jury is discharged without rendering a verdict or is prevented from giving one by accident or other cause during trial or after submission, except as § 630 otherwise provides.
Full Text of § 616
Plain-English Summary
A hung jury or a jury derailed by unforeseen events doesn't end the case. Section 616 lets the action be tried again — right away or at a later date the court sets — whenever the jury is discharged without a verdict, or is prevented from reaching one by accident or some other cause, whether that happens during the trial or after the case has already gone to them.
That general rule gives way in one specific setting. Section 630 lets the court, after a jury is discharged without a verdict, order judgment entered for a party if a directed-verdict motion for that party should have been granted had one been made — bypassing a full retrial where that mechanism applies.
Frequently Asked Questions
Can a case be retried after the jury is discharged without a verdict?
Yes. Section 616 allows the action to be retried immediately or at a future time, as the court directs.
What situations trigger this retrial rule?
The jury being discharged without rendering a verdict, or being prevented from giving one by accident or other cause, during trial or after the case was submitted to them.
Is retrial always the outcome when a jury doesn't reach a verdict?
Not always — § 630 lets the court instead order judgment entered for a party when a directed-verdict motion for that party should have been granted.
Amendment History
Amended by Stats. 1947, Ch. 984.
Source & verification. Section text is reproduced verbatim from
the Deering's California Codes Annotated / vLex. Enacted by the California Legislature.
Last verified July 28, 2026.
· Official source
Also known as: retrial after hung jury californiajury discharged without verdict