Arizona

Criminal Procedure

Criminal Procedure

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.

Ariz. R. Crim. P. 13.4

Added August 31, 2017, effective January 1, 2018.

HISTORICAL AND STATUTORY NOTES

Former Rule 13.4, relating to severance, was abrogated effective January 1, 2018.