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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 New Hampshire, severance of legal claims in civil litigation is governed by the New Hampshire Rules of Civil Procedure. Rule 21 of these rules allows for the severance of claims or parties in a lawsuit at the discretion of the court. 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, prevent prejudice, or accommodate legal issues that are distinct and separate from one another. After severance, the resulting lawsuits may be tried before different juries, ensuring that each claim is considered on its own merits without the complications that might arise from combining them. It's important to note that the decision to sever claims is typically at the discretion of the trial court and may be influenced by the specific circumstances of the case.

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Civil procedure

severance of claims

Individual & Family Legal Plan

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New-Hampshire State Code

Civil procedure

severance of claims

New-Hampshire State Code

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