Motion for severance or separate trial; time; waiver or bar
Sec. 12. (a) A defendant's motion for severance of crimes or
motion for a separate trial must be made before commencement of
trial, except that the motion may be made before or at the close of all
the evidence during trial if based upon a ground not previously
known. The right to severance of offenses or separate trial is waived
by failure to make the motion at the appropriate time.
(b) If a defendant's pretrial motion for severance of offenses or
motion for a separate trial is overruled, the motion may be renewed
on the same grounds before or at the close of all the evidence during
trial. The right to severance of offenses or separate trial is waived by
failure to renew the motion.
(c) If a defendant's motion for severance of offenses or separate
trial is granted during the trial, the granting of the motion shall not
bar a subsequent trial of that defendant on the offenses charged.
As added by Acts 1981, P.L.298, SEC.3.
Last modified: May 24, 2006