TRIAL TOGETHER OF INDICTMENTS OR
COMPLAINTS JOINT TRIAL OF SEPARATE CASES
The court may order that separate cases
two or more indictments,
complaints to be tried together as though brought in a single indictment,
complaint if the all offenses and the all
defendants , if there is more than one, could have
been joined in a single indictment, information, or complaint. The procedure shall be the
same as if the prosecution were under a single indictment, information, or complaint.
Rule 13 was amended, effective March 1, 2006.
Rule 13 follows Fed.R.Crim.P. 13 in substance and controls with respect to the
multiple indictments or informations within the
State state. Rule 13 is
a restatement of
existing law [Section N.D.C.C. § 29-11-10.1 (Charging crime in separate counts
consolidating indictments and informations)] which that permits the joinder of
charges in an
indictment and the consolidation of indictments for trial.
Rule 13 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.
Rule 13 must be considered in light of Rule 8 (Joinder of Offenses and of Defendants). The
joinder of offenses against a single defendant is governed by Rule 8(a), and the
Rule rule is pertinent in determining when indictments may be
tried together. In
conjunction with Rule 8(a), which permits joinder of offenses, this Rule
rule permits trial
together of offenses, whether felonies, or misdemeanors or both, that
(1) are of the same or
similar character or (2) are based on the same act or transaction or (3) are based on two or
more acts or transactions connected together or constituting part of a common scheme or
plan. But even if offenses charged against a single defendant arise out of interrelated
occurrences, they should be tried together only if expediency can be served without
interference with the defendant's substantive rights.
The joinder of defendants under Rule 13 is governed by Rule 8(b), and the
Rule rule is pertinent in considering a joint trial of two or more
defendants. The test that
must be met before independent charges against two or more defendants may be ordered
tried together is that they have participated in the same act or transaction or in the same
series of acts or transactions constituting an offense or offenses. The Rule
rule does not
permit joinder of defendants alleged to have committed offenses of a "similar
although where a single defendant is involved, such joinder would be permissible. [See
Wright, Federal Practice and Procedure: Criminal, § 213, p. 427 (1969).]
Rule 13 is similar to N.D.R.Civ.P. 42 (Consolidation; Separate Trials), in that both allow
the court to order a joint hearing or trial (at its discretion) for reasons of expediency
as if the joint trial will not be prejudicial to the defendant's substantive rights.
SOURCES: Joint Procedure Committee Minutes of January 27-28, 2005, page 11;
May 11-12, 1972, pages 15-16; May 3-4, 1968, pages 4-6;
Fed.R.Crim.P. 13. , page 637;
Wright, Federal Practice and Procedure: Criminal, § 210-213 (1969); 8 Moore's Federal
Practice, Chapter 13 (Cipes, 2d Ed. 1970); Barron, Federal Practice and Procedure: Criminal,
§ 2001-2002 (4 Cum. Supp. 110, Wright 1964); A.B.A. Standards for Criminal Justice,
Standards Relating to Joinder and Severance (Approved Draft, 1968).
SUPERSEDED: N.D.C.C. § 29-11-10.1.
CROSS REFERENCES: N.D.R.Crim.P. 8 (Joinder of Offenses or Defendants); N.D.R.Crim.P. 14 (Relief from Prejudicial Joinder).