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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 Maine, severance of legal claims is a procedural tool that allows a court to split a single lawsuit into two or more separate lawsuits. This process is governed by the Maine Rules of Civil Procedure, specifically Rule 42(b), which permits the court to order a severance for convenience, to avoid prejudice, or to expedite and economize the proceedings. When a severance is granted, each resulting lawsuit can proceed to trial independently, and the judgments from these trials are individually final and appealable. This means that the outcomes can be appealed separately, and if different juries are involved, they will hear only the evidence pertinent to the specific case they are adjudicating. It's important to note that the decision to grant a severance is within the discretion of the trial court and is not automatic; parties typically must demonstrate a compelling reason for severance to be ordered.

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Civil procedure

severance of claims

Individual & Family Legal Plan

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Maine State Code

Maine State Code

Civil procedure

severance of claims

Articles