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.

Committee Notes
1972 Adoption. (a) Relates solely to defendant’s motion for
severance. Florida has no similar rule.

(b) Florida has no similar rule.

IV. ARRAIGNMENT AND PLEAS