Rule 8. Joinder of Crimes and of Defendants

(a) Joinder of Crimes. Two or more crimes should be charged in the same indictment, information, or complaint in a separate count for each crime if the crimes charged, whether of the same class or different classes, are of the same or similar character or are based on the same act or transaction or on two or more acts or transactions that are connected or that constitute parts of a common scheme or plan.

(b) Joinder of Defendants. The attorney for the State who initiates a prosecution against two or more defendants may file a Notice of Joinder with respect to defendants who are alleged to have participated in the same act or transaction or in the same series of acts or transactions constituting a crime or crimes. A Notice of Joinder must be filed with each case to be joined. Upon the filing of such notices, the cases so designated in the notices are joined. The defense may move pursuant to paragraph (d) of this Rule for relief from the Notice of Joinder. The Notice of Joinder should be filed at the same time as the charging instrument but in any event must be filed no later than 14 days after the charging instrument is filed.

(c) Trial Together of Indictments, Informations or Complaints. The court may order two or more indictments, informations, or complaints to be tried together against a single defendant if the crimes should have been joined under paragraph (a). The court may order two or more indictments, informations, or complaints to be tried together against two or more defendants if the defendants could have been joined under paragraph (b).

(d) Relief From Prejudicial Joinder. If it appears that a defendant or the State is prejudiced by a joinder of offenses against a single defendant or by the joinder of defendants, the court may order an election or separate trials of counts, grant a severance of defendants or provide whatever other relief justice requires, including ordering multiple simultaneous trials.

Committee Notes

Committee Advisory Note [December 2014] The Rule parallels the content of Rule 8 of the Maine Rules of Criminal Procedure but differs in the following respects. First, in subdivision (a) the word "that" replaces the word "which" to reflect modern usage. Second, in subdivisions (b) and (d) the letter "s" in the word "state" is capitalized because the word is referring to the "State" as a governmental actor or as a party.

[Advisory Notes to former Maine Rules of Criminal Procedure]

Advisory Committee Note—1976 [M.R. Crim. P. 8(a).] This amendment is to accommodate the abolition of the felony-misdemeanor distinction in the new Criminal Code, Title 17-A of the Maine Revised Statutes.

Advisory Committee Note—1989 [M.R. Crim. P. 8.] Present Rule 8 provides for joinder of charges in a single pleading and Rule 13 provides for joinder of pleadings for trial, while Rule 14 provides for relief from either kind of joinder. Rule 8 combines these provisions into a single rule, new Rule 8.

Advisory Committee Note—1996 [ M.R. Crim. P. 8(d).] The amendment to subdivision (d) is added so as to expressly authorize, as an exercise of court discretion, the employment of multiple simultaneous trials in situations where that procedure is both appropriate and consistent with sound judicial administration. Currently this procedure is impliedly authorized by M.R. Crim. P. 1(c) pursuant to case law. State v. Bowman , 588 A.2d 728, 732-734 (Me. 1991); State v. Rolerson , 593 A.2d 220, 221 (Me. 1991).