Separate trials or bifurcation of a trial keeps a lawsuit intact, but allows the judge or jury to hear and determine one or more issues without trying all of the issues at the same time. This is often done to avoid unnecessarily prejudicing or inflaming the jury with evidence related to one issue that is not related to another issue. For example, courts sometimes order separate trials or bifurcation of a trial when a party is seeking punitive or exemplary damages, and the court does not want evidence of the person’s net worth or the entity’s valuation or revenue—which are relevant to punitive damages—to influence the jury’s decision on whether the person or entity is liable for the breach of contract, negligence, or other claim. In such a bifurcated trial, the jury does not hear evidence of the net worth, valuation, or revenue unless it first finds the defendant liable on the underlying claim.

In Arkansas, the concept of separate trials or bifurcation is recognized and can be applied at the discretion of the court. Bifurcation is a procedural tool that allows a judge to divide a trial into two or more parts, enabling the jury to consider separate issues independently. This is particularly useful in complex cases where certain evidence may prejudice the jury or is only relevant to a specific part of the case. For instance, in cases where punitive damages are sought, Arkansas courts may order a bifurcated trial to ensure that evidence of a defendant's wealth does not influence the jury's decision on liability. The decision to bifurcate a trial is typically made in the interests of justice, efficiency, or convenience, and is governed by the Arkansas Rules of Civil Procedure. Rule 42(b) specifically grants judges the authority to order a separate trial of any claim, cross-claim, counterclaim, or third-party claim, or of any separate issue or of any number of claims, issues, or parties, for convenience, to avoid prejudice, or to expedite and economize the process.