Skip to main content

Rule 24.07 Misdemeanors or Felonies - Severance of Offenses

Arraignment and Proceedings Before Trial

When a defendant is charged with more than one offense in the same indictment or information, the offenses shall be tried jointly unless the court orders an offense to be tried separately. An offense shall be ordered to be tried separately only if:

(a) A party files a written motion requesting a separate trial of the offense;

(b) A party makes a particularized showing of substantial prejudice if the offense is not tried separately; and

(c) The court finds the existence of a bias or discrimination against the party that requires a separate trial of the offense.

Committee Note - 1979

This is new.

Compare: Fed.R.Crim.P. 14.

Amendment history: (Adopted June 13, 1979, eff. Jan. 1, 1980. Amended Sept. 30, 1985, eff. July 1, 1986.)