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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 Mississippi, severance of legal claims is governed by the Mississippi Rules of Civil Procedure, specifically Rule 21, which allows for the severance of claims or parties in a lawsuit. 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. These judgments are then individually final and appealable. The purpose of severance is often to promote judicial efficiency and to prevent prejudice that may occur if the claims were tried together. After severance, the resulting lawsuits may be heard by different juries, ensuring that the issues in each are considered separately. It is important to note that the decision to sever claims is at the discretion of the trial court and is subject to specific procedural requirements. An attorney can provide guidance on the strategic implications of seeking a severance and the likelihood of success on appeal.

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Civil procedure

severance of claims

Individual & Family Legal Plan

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Mississippi State Code

Mississippi State Code

Civil procedure

severance of claims

Articles