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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 Delaware, the concept of severance in legal proceedings allows a court to split a single lawsuit into two or more separate lawsuits. This is typically done when the court finds that the issues or parties involved can be more effectively or fairly dealt with in separate trials. Under Delaware law, when a severance is granted, each of the resulting lawsuits proceeds independently and may lead to its own final judgment. These judgments are appealable, meaning that the parties can challenge the decisions in a higher court. Severance can result in different juries hearing the separated causes of action, ensuring that each case is considered on its own merits without undue influence from the issues in the other severed cases. The rules governing severance in Delaware are consistent with the broader principles of civil procedure, which aim to promote judicial efficiency and fairness to the parties involved.

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Civil procedure

severance of claims

Individual & Family Legal Plan

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Delaware State Code

Delaware State Code

Civil procedure

severance of claims

Articles