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 Vermont, the concept of separate trials or bifurcation is recognized and can be applied at the discretion of the court. Bifurcation is a procedure where the court divides a trial into two or more parts to address different issues separately. This can be particularly useful in complex cases where certain evidence might prejudice the jury or is only relevant to a specific part of the case. For instance, in cases where punitive damages are sought, Vermont courts may order a bifurcated trial to ensure that evidence of a defendant's net worth or financial status does not influence the jury's decision on liability. The bifurcation process is governed by the Vermont Rules of Civil Procedure, and a party may request a separate trial of any claim or issue by filing a motion. The court then decides whether bifurcation is appropriate, considering factors such as judicial economy, convenience, and potential prejudice to the parties.