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 Idaho, severance of legal claims in civil litigation is governed by the Idaho Rules of Civil Procedure. Specifically, Rule 21 allows for the severance of any claim, cross-claim, counterclaim, or third-party claim, or of any separate issue or of any number of claims, issues, or parties. The decision to sever claims is at the discretion of the court and is typically granted to avoid prejudice, to promote convenience, or to expedite and economize the proceedings. When a severance is granted, each resulting lawsuit proceeds independently, and the judgments in each are final and appealable. This means that the cases can be tried before different juries and result in separate judgments, each of which can be appealed without waiting for the resolution of the other severed cases. It's important to note that the strategic use of severance can have significant implications for the parties involved, including the potential for inconsistent verdicts and the need to prepare for multiple trials. An attorney can provide specific guidance on how severance might play out in a particular case and the legal strategies involved.