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.