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Civil procedure

severance of claims

A severance splits a single lawsuit into two or more independent lawsuits, each of which results in an appealable final judgment. When a trial court grants a severance, the separated causes of action typically proceed to individual judgments—judgments that are themselves separately final and appealable. Causes of action that have been severed from each other into independent lawsuits will be heard by different juries.

In Alaska, severance of legal claims is governed by the Alaska Rules of Civil Procedure. Rule 42(b) allows for severance when it will be in the interest of convenience or will avoid prejudice, or when separate trials will be conducive to expedition and economy. When a court grants a severance, each resulting lawsuit can proceed independently to a final judgment, which can then be appealed separately. This means that causes of action that have been severed into different lawsuits may be heard by different juries and result in multiple, independent judgments. The decision to sever is at the discretion of the trial court and is typically used to ensure a fair and efficient resolution of complex legal issues that may be better handled separately.

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Civil procedure

severance of claims

Individual & Family Legal Plan

Articles

Alaska State Code

Civil procedure

severance of claims

Alaska State Code

Articles