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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 Hawaii, severance of legal claims in civil litigation is governed by the Hawaii Rules of Civil Procedure (HRCP). According to Rule 21 of the HRCP, a court may order a severance of claims or parties in a lawsuit if it finds that such a separation is necessary to avoid prejudice, ensure a fair trial, or for the convenience of the parties or witnesses. When a severance is granted, each resulting lawsuit operates independently, and the judgments in each are final and appealable. This means that the claims or parties that have been severed can be tried separately, potentially before different juries, and each can be appealed without waiting for the resolution of the other claims. The decision to grant a severance is typically at the discretion of the trial court and is based on the specific circumstances of the case.

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Civil procedure

severance of claims

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Hawaii State Code

Hawaii State Code

Civil procedure

severance of claims

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