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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 Kansas, severance of legal claims is governed by the Kansas Code of Civil Procedure. When a court grants a severance, it effectively divides a single lawsuit into two or more separate lawsuits, each proceeding independently to a final judgment. This process is typically used when claims or parties are misjoined, or when separate trials are necessary to avoid prejudice or to promote convenience and judicial efficiency. Under Kansas law, specifically K.S.A. 60-242(b), the court may order a separate trial of one or more separate issues, claims, crossclaims, counterclaims, or third-party claims. Once severed, each claim can result in an appealable final judgment, and if the cases go to trial, they may be heard by different juries. The decision to sever claims is at the discretion of the trial court and is subject to review for abuse of discretion on appeal.

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Civil procedure

severance of claims

Individual & Family Legal Plan

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Kansas State Code

Kansas State Code

Civil procedure

severance of claims

Articles