Select your state

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 Illinois, severance of claims in a lawsuit is governed by the Illinois Code of Civil Procedure. When a court grants a severance, it effectively splits a single lawsuit into two or more separate lawsuits, each proceeding independently to a final judgment. This allows for each cause of action to be tried separately, potentially before different juries, and each resulting judgment is final and appealable on its own. Severance may be granted for various reasons, such as to avoid prejudice, to promote convenience, or when the issues and parties are so distinct that separate trials are warranted. The decision to sever is at the discretion of the trial court and is subject to appellate review for abuse of discretion. Once severed, each case proceeds on its own timetable and may have different outcomes, which can be individually appealed.

Legal Articles

State Statutes

Individual & Family Legal Plan

As a LegalFix member, you'll get expert legal services from a local law firm that treats you like an important client. Don't wait—be prepared for life's inevitable legal challenges starting today. And ask your employer, credit union, or membership group about preferred pricing opportunities.

Civil procedure

severance of claims

Individual & Family Legal Plan

Articles

Illinois State Code

Illinois State Code

Civil procedure

severance of claims

Articles