3.153. Timeliness of Defendant’s Motion; Waiver

Rule 3.153. Timeliness of Defendant’s Motion; Waiver 

(a)  Timeliness; Waiver. –A defendant’s motion for severance of multiple offenses or defendants charged in a single indictment or information shall be made before trial unless opportunity therefor did not exist or the defendant was not aware of the grounds for such a motion, but the court in its discretion may entertain such a motion at the trial. The right to file such a motion is waived if it is not timely made.

(b)  Renewal of Motion. –If a defendant’s pretrial motion for severance is overruled, the defendant may renew the motion on the same grounds at or before the close of all the evidence at the trial.