(a) Generally. The court may order consolidation of two or more charges for trial if the offenses, and the defendants if there are more than one, could have been joined in a single charge.(b) Related offenses.
(1) Two or more offenses are related offenses, for the purposes of this rule and Rule 8(c), if they are within the jurisdiction of a single court and are based on the same conduct or arise from the same episode.(2) When a defendant has been charged with two or more related offenses in separate charges, the defendant’s timely motion to consolidate them for trial shall be granted unless the court determines that because the prosecutor does not have sufficient evidence to warrant trying some of the offenses at that time, or for some other reason, the ends of justice would be defeated if the motion were granted. A defendant’s failure to so move constitutes a waiver of any right of joinder as to related offenses with which the defendant knew the defendant was charged.
Haw. R. Pen. P. 13
Amended December 7, 2006, effective January 1, 2007.
