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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 York, severance of actions is governed by the New York Civil Practice Law and Rules (CPLR). According to CPLR Rule 603, a court has the discretion to order a severance of claims if it finds that such a separation will avoid prejudice to a party or promote the ends of justice. When a severance is granted, each resulting lawsuit proceeds independently, and the judgments in each are final and appealable. This means that the claims, now separated, can be tried before different juries and result in separate judgments, each of which can be appealed without waiting for the resolution of the other severed claims. The decision to grant a severance is typically made by the trial court, and the appellate courts will review such decisions for an abuse of discretion. It's important for parties considering or facing a severance to consult with an attorney to understand the implications for their case, including the potential for multiple trials and appeals.

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Civil procedure

severance of claims

Individual & Family Legal Plan

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Civil procedure

severance of claims

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