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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 Montana, severance of claims in a lawsuit is governed by the Montana Rules of Civil Procedure, specifically Rule 42(b), which allows a court to order a separate trial of one or more separate issues, claims, crossclaims, counterclaims, or third-party claims when it would be in the interest of convenience or would avoid prejudice, or when separate trials would be conducive to expedition and economy. When a severance is granted, each resulting lawsuit proceeds independently and can lead to separate final judgments that are appealable. This means that the claims that have been severed can be tried by different juries and result in separate legal proceedings. It's important to note that the decision to sever claims is at the discretion of the trial court and is typically based on the specific circumstances of the case to ensure a fair and efficient process for all parties involved.

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Civil procedure

severance of claims

Individual & Family Legal Plan

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Montana State Code

Montana State Code

Civil procedure

severance of claims

Articles