Mo. R. Ord. Viol. & Viol. Burea. 37.60

As amended through October 1, 2024

Rule 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.

Mo. R. Ord. Viol. & Viol. Burea. 37.60

Adopted May 14, 1985, eff. 1/1/1986. Amended December 23, 2003, eff. 7/1/2004.