RULE CrRLJ 4.4
                   SEVERANCE OF OFFENSES AND DEFENDANTS

(a)  Timeliness of Motion; Waiver.

  (1) A defendant's motion for severance of offenses or defendants must be
made before trial, except that a motion for severance may be made before or
at the close of all the evidence if the interests of justice require.
Severance is waived if the motion is not made at the appropriate time.

  (2) If a defendant's pretrial motion for severance was overruled he or
she may renew the motion on the same ground before or at the close of all
the evidence. Severance is waived by failure to renew the motion.

(b) Severance of Offenses. The court, on application of the prosecuting
authority, or on application of the defendant other than under section (a),
shall grant a severance of offenses whenever before trial or during trial
with consent of the defendant, the court determines that severance will
promote a fair determination of the defendant's guilt or innocence of each
offense.

(c) Severance of Defendants.

  (1) A defendant's motion for severance on the ground that an out-of-court
statement of a codefendant referring to him or her is inadmissible against
him or her shall be granted unless:

  (i) the prosecuting authority elects not to offer the statement in the
case in chief; or
  (ii) deletion of all references to the moving defendant will eliminate
any prejudice to him or her from the admission of the statement.

  (2) The court, on application of the prosecuting authority, or on
application of the defendant other than under subsection

  (i), should grant a severance of defendants whenever:

  (i) if before trial, it is deemed necessary to protect a defendant's
rights to a speedy trial, or it is deemed appropriate to promote a fair
determination of the guilt or innocence of a defendant; or

  (ii) if during trial upon consent of the severed defendant, it is deemed
necessary to achieve a fair determination of the guilt or innocence of a
defendant.

  (3) When such information would assist the court in ruling on a motion
for severance of defendants, the court may order the prosecuting authority
to disclose any statements made by the defendants which he or she intends
to introduce in evidence at the trial.

  (d) Failure To Prove Grounds for Joinder of Defendants. If pursuant to
section (a), a defendant moves to be severed at the conclusion of the
prosecuting authority's case or of all the evidence, and there is not
sufficient evidence to support the grounds upon which the moving defendant
was joined or previously denied severance, the court shall grant severance
if, in view of this lack of evidence, failure to sever prejudices the
moving defendant.

  (e) Authority of Court To Act on Own Motion. The court may order a
severance of offenses or defendants before trial if a severance could be
obtained on motion of a defendant or the prosecuting authority.

[Adopted effective September 1, 1987; amended effective September 1, 2007.]