By Eileen Burkhalter Smith 

We have previously mentioned the uptick in jurors texting and messaging during trial. 

This week, a Miami-Dade Circuit Judge declared a mistrial in a civil fraud case resulting from a witness text-messaging on the stand.  The witness was the CEO of the Plaintiff, and he was texting to another company employee who had previously testified.   

A courtroom spectator brought this to the Judge's attention, and the Defense's request for a mistrial was granted.  The Judge's exasperation seems well-founded (especially because this witness had been reprimanded before in this trial about communicating with another witness).