Home Table of Contents

Rule 13.4. Severance

Arizona Revised Statutes AnnotatedRules of Criminal Procedure

Arizona Revised Statutes Annotated
Rules of Criminal Procedure (Refs & Annos)
IV. Pretrial Procedures
Rule 13. Indictment and Information (Refs & Annos)
16A A.R.S. Rules Crim.Proc., Rule 13.4
Rule 13.4. Severance
(a) Generally. On motion or on its own, and if necessary to promote a fair determination of any defendant's guilt or innocence of any offense, a court must order a severance of counts, defendants, or both.
(b) As of Right. A defendant is entitled to a severance of offenses joined solely under Rule 13.3(a)(1), unless evidence of the other offense or offenses would be admissible if the offenses were tried separately.
(c) Timeliness and Waiver. A defendant must move to sever at least 20 days before trial or as the court otherwise orders. If the motion is denied, the defendant must renew the motion during trial before or at the close of evidence. If a ground for severance previously unknown to a defendant arises during trial, the defendant must move for severance before or at the close of evidence. The right to severance is waived if the defendant fails to timely file and renew a proper motion for severance.
(d) Jeopardy. The court may not grant the State's motion to sever offenses after trial begins unless the defendant consents. Offenses severed during trial on the defendant's motion or with the defendant's consent will not bar a later trial of that defendant on the severed offenses.

Credits

Added Aug. 31, 2017, effective Jan. 1, 2018.
16A A. R. S. Rules Crim. Proc., Rule 13.4, AZ ST RCRP Rule 13.4
State Court Rules are current with amendments received through April 15, 2024. The Code of Judicial Administration is current with amendments received through April 15, 2024.
End of Document