Rule 8-306 NMRA
Rule 8-306. Joinder; consolidation; severance.
A. Joinder of offenses. Two or more offenses shall be joined in one complaint with
each offense stated in a separate count, if the offenses:
(1)
are of the same or similar character, even if not part of a single scheme or
plan; or
(2)
are based on the same conduct or on a series of acts either connected
together or constituting parts of a single scheme or plan.
B. Consolidation for preliminary examination or trial. The court may order two
or more complaints against a single defendant to be tried or heard on preliminary
examination together if the offenses could have been joined in a single complaint. The
court may consolidate for preliminary examination or trial of two or more defendants if
the offenses charged are based on the same or related acts.
C. Motion for severance. If it appears that a defendant or the prosecutor is
prejudiced by a joinder of offenses or consolidation of defendants in any complaint or by
joinder for trial, the court may order separate trials of offenses, grant a severance of
defendants or provide whatever other relief justice requires. In ruling on a motion by a
defendant for severance, the court may order the prosecutor to deliver to the court for
inspection in camera any statements or confessions made by the defendants which the
prosecution intends to introduce in evidence at the trial.