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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 Alabama, severance of legal claims is governed by the Alabama Rules of Civil Procedure, specifically Rule 21, which allows for the severance of claims or parties in a lawsuit. When a court grants a severance, it effectively splits a single lawsuit into two or more separate lawsuits, each proceeding independently to a final judgment. These judgments are then individually final and appealable. The purpose of severance is often to promote judicial efficiency and to prevent prejudice that may occur if the claims were tried together. After severance, the resulting lawsuits may be heard by different juries, ensuring that each claim is considered on its own merits without the influence of unrelated issues. It's important to note that the decision to sever claims is at the discretion of the trial court and is subject to specific legal standards that must be met.

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Civil procedure

severance of claims

Individual & Family Legal Plan

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Alabama State Code

Alabama State Code

Civil procedure

severance of claims

Articles