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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 Arkansas, severance of legal claims is governed by the Arkansas 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, prevent prejudice, or to ensure a fair trial. After severance, the resulting independent lawsuits may be heard by different juries, which allows for each case to be considered on its own merits without the complications that might arise from combining them. An attorney can provide guidance on the strategic implications of seeking or opposing a severance in litigation.

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Civil procedure

severance of claims

Individual & Family Legal Plan

Articles

Arkansas State Code

Civil procedure

severance of claims

Arkansas State Code

Articles