RULE 8. JOINDER OF OFFENSES
AND OF OR
(a) Joinder of Offenses.
Two or more offenses may be charged in the same
information, or complaint in a separate count for each offense if the offenses charged,
indictment, information, or complaint may charge a defendant in separate counts with two
or more offenses if the offenses charged--whether felonies, or
misdemeanors or both,
infractions --are of the same or similar character, or are based on the same act or
or on two or more acts or transactions connected together or constituting
are connected with
or constitute parts of the a common scheme or plan.
(b) Joinder of Defendants.
Two or more defendants may be charged in the same
indictment, information, or complaint The indictment, information, or complaint
two or more defendants if they are alleged to have participated in the same act or
or in the same series of acts or transactions constituting one or more offenses.
defendants may be charged in one or more counts together or separately
and. All of the
defendants need not be charged in each count.
Rule 8 was amended, effective March 1, 2006.
Rule 8 follows Fed.R.Crim.P. 8 in substance and controls with respect to all actions
involving the joinder of offenses or defendants arising in this
state. This Rule
rule should be read in conjunction with Rules 13 and 14 (see
cross references above) since
the same underlying principles apply in each. They are designed to promote economy and
efficiency and avoid multiplicity of trials in those situations in which these objectives can
be reached without substantial prejudice to the rights of the defendants. The
in this Rule rule is trial convenience (but) * * *
,even though trial convenience in criminal
procedure is not a goal upon which all parties can uniformly agree ". [8 Moore's Federal
Practice, 8.01 (Cipes, 2d Ed. 1970).].
Subdivision (a) has been modified slightly from its
federal counterpart to allow
joinder of offenses in the complaint as well as the indictment and information. The test for
determining the identity of offenses charged in two or more indictments or in two or more
counts in a single indictment is , "If whether the same evidence is
required to establish
several indictments or several counts ,. and if
If each indictment or count requires proof of
a fact or element not required by the others, then the charges are separate ". [Velasquez
United States, 244 F.2d 416 (10th Cir. 1957).].
Subdivision (b) includes the complaint as a charging document together with the indictment
and information upon which joinder of defendants is permitted. The test prescribed for
joinder of defendants as well as joinder of offenses is whether each of such offenses or
defendants is linked together by their participation in the common transaction or act.
States v. Brennan, 134 F.Supp. 42 (D. Minn. 1955).]
Rule 8 was amended, effective March 1, 2006, in response to the December 1, 2002, revision of the Federal Rules of Criminal Procedure. The language and organization of the rule were changed to make the rule more easily understood and to make style and terminology consistent throughout the rules.
SOURCES: Joint Procedure Committee Minutes of January 29-30, 2004, pages 25-26; March 23-25, 1972, pages 15-16; May 15-16, 1969, page 13; May 3-4, 1968, pages 5-6; Fed.R.Crim.P. 8; Wright, Federal Practice and Procedure: Criminal, 141-145 (1969); 8 Moore's Federal Practice, Chapter 8 (Cipes, 2d Ed. 1970); Barron, Federal Practice and Procedure: Criminal, 1931-1932 (1951); A.B.A. Standards for Criminal Justice, Standards Relating to Joinder and Severance, 1.1, 1.2, 3.1 (Approved Draft, 1968).
SUPERSEDED: N.D.C.C. §§ 29-11-10.1, 29-11-49, 29-11-51.
CROSS REFERENCES: N.D.R.Crim.P. 13 (
Trial Together of Indictments or
or Complaints Joint Trial of Separate Cases); N.D.R.Crim.P. 14 (Relief from