Joinder of Offenses and of Defendants

(a) Joinder of Offenses. Two or more offenses may be charged in the same indictment or information in a separate count for each offense if the offenses charged, whether felonies, misdemeanors or both, (1) are of the same or similar character and it can be determined before trial that it is likely that evidence of one charged offense would be admissible to prove another charged offense, (2) are based on the same act or transaction, or (3) are based on two or more acts or transactions connected together or constituting parts of a common scheme or plan. (b) Joinder of Defendants. Two or more defendants may be charged in the same indictment or information if they are alleged to have participated in the same act or transaction or in the same series of acts or transactions constituting an offense or offenses, or if the defendants are parties to an express or tacit agreement to aid each other to commit an act or transaction constituting a criminal offense or offenses. Such defendants may be charged in one or more counts together or separately and all of the defendants need not be charged in each count. The disposition of the indictment or information as to one of several defendants joined in the same indictment or information shall not affect the right of the state to proceed against the other defendants. (Adopted by SCO 4 October 4, 1959; amended by SCO 906 effective nunc pro tunc May 28, 1988; by SCO 1092 effective July 15, 1992; corrected January, 1993) SCO 906 incorporated changes in Criminal Rule 8(a) Note: made by the legislature in ch. 66, §§ 8 and 9. SLA 1988. The legislation added the language in subparagraph (a)(1), “and it can be determined before trial that it is likely that evidence of one charged offense would be admissible to prove another charged offense.” SCO 906 is amended by adding a new paragraph 3 Note: which provides: “3. This order is made for the sole reason that the legislature has mandated the above amendments. If the act mandating these amendments is invalidated by a court of this order shall be considered competent automatically is effective retroactively to May 28, 1988. rescinded.” This amendment jurisdiction, Note: 1991. Paragraph (b) was amended by ch. 79, § 2, SLA