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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 Oklahoma, severance of legal claims in a lawsuit is governed by the Oklahoma Pleading Code and relevant case law. When a trial court grants a severance, it effectively divides a single lawsuit into two or more separate lawsuits, each with its own final judgment that is independently appealable. This means that the claims, issues, or parties that have been severed can be tried separately, often before different juries. The decision to sever claims is typically at the discretion of the trial court and is based on considerations such as the convenience of parties, avoidance of prejudice, or to promote judicial efficiency. Once severed, each resulting lawsuit proceeds independently through the trial process and any subsequent appeals. It is important for parties involved in such a situation to consult with an attorney to understand the implications of severance on 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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Oklahoma State Code

Oklahoma State Code

Civil procedure

severance of claims

Articles