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Assuming that the summary judgment / dismissal order has already been entered, it would be too late for a mistrial. A mistrial can be entered at any point prior to a judgment being entered by the judge that completes the case. But if the judge signs off on a final judgment (either on the merits, or as part of a dismissal or summary judgment) that closes the case, and would mean that a mistrial would be too late.
A mistrial is a courtroom trial that has been terminated prior to its normal conclusion. A mistrial has no legal effect and is considered an invalid or nugatory trial.
Furthermore, if the statute of limitations has run, that would be jurisdictional. There might be a question as to whether the statute of limitations has actually run, but if it has, the court can't consider anything else (even a mistrial motion).
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