IN THE CIRCUIT COURT FOR THE [COUNTY or CITY] OF ___,

STATE OF MISSOURI [AT _____ (city)]

STATE OF MISSOURI,
Plaintiff,
vs.
______,
Defendant.

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Case No.
Div. No.
Judge

DEFENDANT [NAME]S MOTION TO SEVER DEFENDANTS

COMES NOW defendant [name], by and through counsel, and under Missouri Revised
Statutes 545.880 moves for an Order to sever defendant [name] from all other codefendants for the purpose of trial. Defendant states:
1) Defendant [name] is charged with the offense of together with the following codefendants: [names of co-defendants].
2) Section 545.880 requires the Court sever defendant [name] from his/her codefendants at trial when there is a probability that a defendant will be prejudiced at a joint
trial.
3) Section 545.880 expressly provides that:
The Court shall find the probability for prejudice exists if:
a) At least one but not all of the defendants jointly
charged is, if convicted, subject to jury assessment of
punishment; the defendant or defendants subject to jury
assessment of punishment shall have the burden of showing
the probability of prejudice if tried jointly;
b) There is, or may reasonably be expected to be, material
and substantial evidence admissible against less than all of the
joint defendants;

c)

There exists an out of court statement of a codefendant

which makes reference to another of the joint defendants, but is

not admissible against that defendant, and if the statement
cannot be properly limited so as to eliminate reference to the
complaining defendant;
d) Severance of the joint defendants is necessary to
achieve a fair determination of guilt or innocence of any
defendant.
4) Probability for prejudice exists in the present case because [provide reason for
prejudice].
WHEREFORE, defendant [name] prays for an Order severing him/her from the joint trial
with his/her co-defendants because there exists a probably of prejudice if defendant [name] is
tried jointly, and for such other and further relief as the Court deems just and proper in the
interest of justice.

Dated: ____

Respectfully submitted,
_______________________
[signature]
[name and state bar number]
[firm name, if applicable]
[mailing address]
[phone number]
[fax number]
[e-mail address]
Attorney for Defendant
[name]

[Attach Certificate of Service.]