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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 Jersey, the concept of severance in legal proceedings allows a court to split a single lawsuit into two or more separate lawsuits. This is typically done when the court finds that the issues or parties involved are sufficiently distinct that separate trials are warranted. Under New Jersey Court Rules, specifically Rule 4:38-2, a severance may be granted to promote convenience, avoid prejudice, or when it will be efficient and expedient for the resolution of the litigation. Once a severance is granted, each resulting lawsuit proceeds independently, and each can result in an appealable final judgment. This means that the outcomes of these separate trials can be appealed separately, and different juries may hear the severed causes of action. It is important for parties involved in such a situation to consult with an attorney to understand the implications of severance on their case and the appellate process.

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Civil procedure

severance of claims

Individual & Family Legal Plan

Articles

New-Jersey State Code

New-Jersey State Code

Civil procedure

severance of claims

Articles