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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 North Carolina, severance of claims in civil litigation is governed by the North Carolina Rules of Civil Procedure, specifically Rule 42(b). This rule allows a court to order a severance of claims for convenience, to avoid prejudice, or to expedite and economize the process. When a severance is granted, each resulting lawsuit operates independently, and each can lead to its own final and appealable judgment. This means that the claims that have been separated can be tried by different juries and have separate court proceedings. The decision to grant a severance is within the discretion of the trial court and is typically based on the specific circumstances of the case. It's important to note that an attorney can request a severance, but it is ultimately up to the court to determine whether such an action is appropriate.

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Civil procedure

severance of claims

Individual & Family Legal Plan

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North-Carolina State Code

North-Carolina State Code

Civil procedure

severance of claims

Articles