Rule 37.60 Severance
Statutory and Ordinance Violations and Violation Bureaus
Rule Text
If two or more defendants are charged in an information, all defendants shall be tried together unless the court orders a defendant to be tried separately. A defendant shall be ordered to be tried separately only if the defendant files a written motion requesting a separate trial and the court finds a probability of prejudice exists.
If a defendant is charged with more than one ordinance violation in the same information, the violations shall be tried jointly unless the court orders a violation to be tried separately. A violation 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 violation 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 violation.
Amendment history: (Adopted May 14, 1985, eff. Jan. 1, 1986. Amended Dec. 23, 2003, eff. july 1, 2004.)