Motion To Sever Guide

Hi ****! To file a motion to sever a co-defendant, you will need to demonstrate to the court that severing the cases would prevent unfair prejudice and ensure a fair trial. Here are some general steps:
- Draft the motion, stating why severance is necessary.
- File the motion with the court.
- Serve the motion to the prosecution and co-defendants.
- Attend the hearing scheduled by the court.
Would you like assistance with drafting the motion or information about the local court?

Sure, ****! Here is a general sample of a motion to sever a co-defendant:
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IN THE DISTRICT COURT OF JEFFERSON COUNTY, KENTUCKY
COMMONWEALTH OF KENTUCKY
vs.
[Your Name], Defendant
CASE NO.: [Case Number]
MOTION TO SEVER DEFENDANT
COMES NOW, [Your Name], Defendant in the above-referenced case, and respectfully moves this Honorable Court for an order severing the trial of the Defendant from that of the co-defendant [Co-Defendant's Name]. In support of this motion, the Defendant states as follows:
*. Introduction
- Defendant [Your Name] is charged with [Specific Charges].
- Co-defendant [Co-Defendant's Name] is charged with [Specific Charges].
*. Grounds for Severance
- The defenses of the Defendant and the co-defendant are mutually antagonistic and irreconcilable.
- A joint trial would result in substantial prejudice to the Defendant.
- Severance is necessary to ensure a fair trial for the Defendant.
*. Legal Argument
- This Court has the authority under [Relevant State Statute or Rule] to order severance of defendants in the interest of justice.
- [Cite any relevant case law or statutes supporting your argument for severance].
*. Conclusion
- For the reasons stated above, the Defendant respectfully requests that this Court grant the motion to sever the trial of the Defendant from that of the co-defendant.
Respectfully submitted,
[Your Name]
[Your Address]
[City, State, Zip Code]
[Phone Number]
[Email Address, if any]
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing Motion to Sever Defendant was served upon [Prosecutor's Name], [Prosecutor's Address], and to [Co-Defendant's Name or their Attorney], [Address], on this [date] day of [month], [year].
[Your Signature]
[Your Name]
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Would you like more detailed information on any specific part of the motion?