Rule 13. Consolidation or Severance

Rule 13. Consolidation or Severance

(a) Consolidation. The court may order consolidation for trial of two or more indictments, presentments, or informations if the offenses and all defendants could have been joined in a single indictment, presentment, or information pursuant to Rule 8.

(b) Severance. The court may order a severance of offenses or defendants before trial if a severance could be obtained on motion of a defendant or of the state pursuant to Rule 14.

Advisory Commission Comment.

Rules 8, 13 and 14 are closely tied together. Rule 13 allows at the court’s option the consolidation or severance of offenses or defendants in those instances in which the state or the defendant could have elected to consolidate or sever. When the court orders a consolidation under section (a), the case is then in the “permissive joinder” status, and the defendant(s) may exercise the options available under Rule 14. A severance ordered by the court under section (b) is final.


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