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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 Ohio, severance of claims in civil litigation is governed by the Ohio Rules of Civil Procedure, specifically Rule 21, which allows for the severance of any claim against a party. 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 by different juries, ensuring that the issues in one case do not improperly influence the outcome of another. It's important to note that the decision to sever claims is at the discretion of the trial court and is subject to specific legal standards and procedural requirements.

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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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