Rule 8. 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.

Note:

SCO 906 incorporated changes in Criminal Rule 8(a)

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.”

Note:

SCO 906 is amended by adding a new paragraph 3

which provides: “3. This order is made for the sole reason that

the legislature has mandated the above amendments

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.”

Note:

SCO 906 is amended by adding a new paragraph 3

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

competent jurisdiction, this order shall be considered

automatically rescinded.” This amendment is effective

retroactively to May 28, 1988.

Note:

Paragraph (b) was amended by ch. 79, § 2, SLA

1991.