Rule 24.06 - Misdemeanors or Felonies-Joint Defendants-Severance(a) If two or more defendants could have been joined in the same indictment or information but they are charged in separate indictments or informations, the court may order the defendants to be tried jointly upon motion of any party.(b) If two or more defendants are charged in an indictment or 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 or: (1) The defendant is subject to assessment of punishment by the jury and the defendant shows a probability of prejudice would result from this fact if he is not tried separately; or(2) There is, or may reasonably be expected to be, material and substantial evidence not admissible against the defendant that would be admissible against other defendants if a separate trial is not ordered; or(3) There is an out-of-court statement that is not admissible against the defendant that would be admissible against other defendants if a separate trial is not ordered unless the court finds the out-of-court statement can be limited by eliminating any reference to the defendant; or(4) A separate trial is necessary to a fair determination of whether the defendant is guilty.Adopted June 13, 1979, eff. 1/1/1980. Amended June 10, 1980, eff. 1/1/1981; 9/30/1985, eff. 7/1/1986.Committee Note - 1979
Paragraph (a) is substantially the same as prior Rule 25.07(a).
Paragraph (b) is substantially the same as prior Rule 25.07(b).
Paragraph (c) is new.
Compare: Fed. R. Crim. P. 14.