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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 Mexico, severance of claims in a lawsuit is governed by the New Mexico Rules of Civil Procedure. When a court grants a severance, it effectively divides a single lawsuit into two or more separate lawsuits, each proceeding independently to a final judgment. This allows for each claim or cause of action to be resolved on its own merits, potentially before different juries, and each judgment is independently appealable. Severance can be particularly useful in complex litigation where issues are distinct and would benefit from separate trials to avoid prejudice or confusion. The decision to sever claims is at the discretion of the trial court and is typically granted to further the interests of justice and judicial efficiency. An attorney can provide specific guidance on the strategic implications of seeking a severance in a particular case.

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Civil procedure

severance of claims

Individual & Family Legal Plan

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New-Mexico State Code

New-Mexico State Code

Civil procedure

severance of claims

Articles