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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 Arizona, severance in civil litigation refers to the process where a court divides a lawsuit into two or more separate cases. This can occur when a lawsuit involves multiple parties or claims that are distinct enough to warrant independent proceedings. According to Arizona Rules of Civil Procedure, a court may order a severance of claims or parties on its own initiative or upon a motion by any party for reasons such as convenience, to avoid prejudice, or to expedite and economize the proceedings. Once severed, each case proceeds to trial and judgment independently, and the judgments are appealable separately. This means that different juries may hear the severed cases, and the outcomes can be appealed without waiting for the resolution of the other severed actions. It's important to note that the decision to grant a severance is at the discretion of the court and is not automatic. An attorney can provide guidance on the strategic implications of seeking or opposing a severance in a particular case.

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Civil procedure

severance of claims

Individual & Family Legal Plan

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Arizona State Code

Arizona State Code

Civil procedure

severance of claims

Articles