§ 30.009.Mistrial in Justice Court or Municipal Court

One sentence resolving what happens after a hung jury in the lowest courts.

If a jury in a justice court or a municipal court is discharged without having rendered a verdict, the cause may be tried again as soon as practicable.

Two things are settled. Retrial is available — a discharge without verdict does not dispose of the case. And it may occur as soon as practicable, without waiting for a new term or a fixed interval.

The speed provision suits these courts. Justice and municipal court cases are small, the parties are often unrepresented, and witnesses are local. A long delay costs more than the case is worth and loses witnesses who will not return.

"Discharged without having rendered a verdict" covers a hung jury and any other discharge before verdict — illness, misconduct, or a mistrial for another reason.

The section pairs with the preceding one: together they handle the two ways a justice court jury trial fails to produce a judgment, and both aim at getting the matter resolved rather than letting it lapse.