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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 Pennsylvania, severance of actions in civil litigation is governed by the Pennsylvania Rules of Civil Procedure. Severance allows a single lawsuit to be divided into two or more separate lawsuits, each resulting in its own final and appealable judgment. This procedural tool is typically used when the court finds that the issues or parties involved in a case are so distinct that separate trials are necessary to avoid prejudice or to promote judicial efficiency. When a severance is granted, the causes of action proceed independently, and if they go to trial, they will be heard by different juries. The decision to grant a severance is at the discretion of the trial court and is based on the specific circumstances of the case. Severed cases are treated as distinct legal actions, and the final judgments in these cases are subject to appeal independently of one another.

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Civil procedure

severance of claims

Individual & Family Legal Plan

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Pennsylvania State Code

Pennsylvania State Code

Civil procedure

severance of claims

Articles