Rule 4-253. Joint or Separate Trials

(a) Joint Trial of Defendants On motion of a party, the court may order a joint trial for two or more defendants charged in separate charging documents if they are alleged to have participated in the same act or transaction or in the same series of acts or transactions constituting an offense or offenses.

(b) Joint Trial of Offenses If a defendant has been charged in two or more charging documents, either party may move for a joint trial of the charges. In ruling on the motion, the court may inquire into the ability of either party to proceed at a joint trial.

(c) Prejudicial Joinder If it appears that any party will be prejudiced by the joinder for trial of counts, charging documents, or defendants, the court may, on its own initiative or on motion of any party, order separate trials of counts, charging documents, or defendants, or grant any other relief as justice requires.

Committee Notes

Cross reference: See Hemming v. State , 469 Md. 219 (2020), holding that Maryland Rule 4-253 (c) does not grant a trial court the discretion to hold a bifurcated hybrid trial procedure split between two factfinders. Source: This Rule is derived as follows: Section (a) is derived from former M.D.R. 745 a. Section (b) is derived from former Rule 745 b and M.D.R. 745 b. Section (c) is derived from former Rule 745 c and M.D.R. 745 c.