Rule 14.3 Severance

(a) Severance Generally.

(1) Severance in Death Penalty Cases. The court shall order a severance of defendants in cases in which the State seeks the death penalty.

(2) Severance in Non-Death Penalty Cases. The court may, on motion of the state or a defendant, grant a severance of defendants or offenses if it is deemed appropriate to promote the fair determination of a defendant’s guilt or innocence of each offense.

(b) Timeliness and Waiver. A defendant’s motion to sever offenses and/or defendants must be made at the earliest opportunity. The right to move for severance may be deemed to have been waived if a proper motion is not timely made.

(c) Severance during Trial. No severance of offenses or defendants may be ordered after trial has commenced unless the defendant consents or a mistrial has properly been declared as to such offense or defendant. Severance of offense(s) during trial, upon motion of the defendant or with the defendant’s consent, shall not bar a subsequent trial of that defendant on the offense(s) severed.