Rule 10-212 NMRA
Rule 10-212. Joinder of delinquent acts and parties; severance.
A. Joinder of delinquent acts. Two or more delinquent acts shall be joined in a
single petition alleging delinquency, with each allegation stated in a separate count if
the allegations
(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. Joinder of respondents. A separate petition shall be filed for each respondent
who is a child alleged to have committed a delinquent act. Two or more respondents
may be joined on motion of a party, or by the filing of a statement of joinder by the state
contemporaneously with the filing of the petitions charging the respondents
(1)
when each of the respondents is charged with accountability for each
delinquent act included;
(2)
when all of the respondents are charged with conspiracy and some of the
respondents are also charged with one or more delinquent acts alleged to be in
furtherance of the conspiracy; or
(3)
when, even if conspiracy is not charged and not all of the respondents are
charged in each count, the several delinquent acts charged
(a) were part of a common scheme or plan; or
(b) were so closely connected in respect to time, place, and occasion that it
would be difficult to separate proof of one delinquent act from proof of others.
C. Motion for severance. If it appears that a respondent or the state is prejudiced
by the joinder of delinquent acts or of parties by the filing of a statement of joinder for
trial, the court may order separate trials of delinquent acts, grant a severance of
respondents, or provide whatever other relief justice requires. In ruling on a motion by a
respondent for severance, the court may order the state to deliver to the court for
inspection in camera any statements or confessions made by the respondents which
the state intends to introduce in evidence at the trial.