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 Nebraska, the concept of separate trials or bifurcation is recognized and can be applied in civil litigation. Bifurcation is a procedural tool that allows a court to divide a trial into two or more parts, enabling the judge or jury to consider separate issues independently. This is particularly useful when certain evidence may prejudice the jury regarding one issue but is irrelevant to another. For instance, in cases where punitive damages are sought, Nebraska courts may order a bifurcated trial to prevent financial evidence from influencing the jury's determination of liability. The decision to bifurcate a trial is at the discretion of the court and is governed by the Nebraska Rules of Civil Procedure. The court will consider factors such as judicial economy, convenience, potential prejudice, and the interests of justice when deciding whether to order a bifurcated trial.