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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 California, severance in the context of litigation refers to the process by which a court divides a lawsuit into two or more separate cases. This can occur when a lawsuit involves multiple parties or claims that are sufficiently distinct from each other. Under California law, particularly the California Code of Civil Procedure, a severance may be granted by the court for various reasons, including to avoid prejudice, to promote convenience, or when separate trials will be conducive to expedition and economy. Once a severance is granted, each resulting lawsuit proceeds independently, and each can lead to an appealable final judgment. This means that the outcomes of these separate trials can be appealed separately, and different juries may hear the severed causes of action. It's important to note that the decision to grant a severance is within the discretion of the trial court and is subject to specific procedural rules.

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Civil procedure

severance of claims

Individual & Family Legal Plan

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California State Code

California State Code

Civil procedure

severance of claims

Articles