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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 Massachusetts, the concept of severance in civil litigation allows a court to split a single lawsuit into two or more separate lawsuits. This procedural mechanism is used when distinct causes of action are present within a single lawsuit, and it serves to promote judicial efficiency or to ensure a fair trial. When a severance is granted by the trial court, each cause of action proceeds to trial and judgment independently. As a result, each judgment is final and appealable on its own. This means that parties can appeal the judgment of one severed case without having to wait for the resolution of the other cases. Severed causes of action may be tried by different juries, ensuring that the issues in one case do not unduly influence the jury's decision in another. The rules governing severance are found in the Massachusetts Rules of Civil Procedure, and the decision to grant a severance is typically within the discretion of the trial court.

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Civil procedure

severance of claims

Individual & Family Legal Plan

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Massachusetts State Code

Civil procedure

severance of claims

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