First Adopted: May 14, 1985
Most Recently Effective: July 01, 2004
Rule 37 | Statutory and Ordinance Violations and Violation Bureaus
37.60 | Severance
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.
(Adopted May 14, 1985, effective January 1, 1986. Amended December 23, 2003, effective July 1, 2004.)