Superior Court Rules Table of Contents
97-A. (I) Joinder of Offenses.
(A) Related
Offenses. Two or more offenses are related if they:
(i) are
alleged to have occurred during a single criminal episode; or
(ii) constitute parts of a common scheme or plan; or
(iii) are alleged to have occurred during separate criminal episodes, but
nonetheless, are logically and factually connected in a manner that does not
solely demonstrate that the accused has a propensity to engage in criminal
conduct.
(B)
Joinder of Related Offenses for Trial. If a defendant is charged with two or
more related offenses, either party may move for joinder of such charges. The
trial judge shall join the charges for trial unless the trial judge determines
that joinder is not in the best interests of justice.
(C) Joinder of
Unrelated Offenses. Upon written motion of a defendant, or with the
defendant’s written consent, the trial judge may join for trial two or more
charges of unrelated offenses upon a showing that failure to try the charges
together would constitute harassment or unduly consume the time or resources of
the parties. The trial judge shall join the charges for trial unless the
trial judge determines that joinder is not in the best interest of justice.
(II) Relief from Prejudicial Joinder.
If it appears that a joinder of offenses is not in the best interests of
justice, the judge may upon his or her own motion or the motion of either party
order an election of separate trials or provide whatever other relief justice
may require.