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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 Maryland, severance of legal claims within a single lawsuit is a procedural mechanism that allows the court to split a complex case into two or more separate cases. This can occur when the court finds that the claims are sufficiently distinct and would benefit from being tried separately. When a severance is granted, each resulting lawsuit proceeds independently, and each can lead to its own final and appealable judgment. This means that the outcomes of these separate trials can be appealed separately. The decision to grant a severance is within the discretion of the trial court and is typically governed by Maryland Rules of Civil Procedure. Severed cases may be heard by different juries, ensuring that the issues in each case are considered independently without potential prejudice or confusion that might arise from combining them. An attorney can provide specific guidance on the strategic implications of seeking or opposing a severance in a particular case.

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Civil procedure

severance of claims

Individual & Family Legal Plan

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Maryland State Code

Maryland State Code

Civil procedure

severance of claims

Articles