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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 Colorado, severance of claims in a lawsuit is governed by the Colorado Rules of Civil Procedure. Rule 21 allows a court to order a severance of claims or parties in a lawsuit if it finds that such a separation is necessary to avoid prejudice, to promote convenience, or when separate trials will be conducive to expedition and economy. When a severance is granted, each resulting lawsuit proceeds independently, and the judgments in each are final and appealable. This means that the claims that have been severed can be tried by different juries and result in separate judgments, which can be appealed independently of each other. The decision to sever claims is at the discretion of the trial court and is typically based on the specific circumstances of the case to ensure a fair and efficient process for all parties involved.

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Civil procedure

severance of claims

Individual & Family Legal Plan

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Colorado State Code

Colorado State Code

Civil procedure

severance of claims

Articles