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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 South Carolina, severance of legal claims is governed by the South Carolina Rules of Civil Procedure, specifically Rule 42(b), which allows a court to order a severance of claims for convenience, to avoid prejudice, or to promote the efficient administration of justice. When a severance is granted, each resulting lawsuit operates independently, and each can lead to a separate final judgment that is appealable. This means that the claims that have been severed can be tried separately, potentially before different juries, and each can be appealed without waiting for the resolution of the other claims. The decision to sever claims is at the discretion of the trial court and is typically used when the claims are distinct enough that trying them together would confuse the jury or create inefficiencies. It's important to note that the rules and procedures for severance may vary depending on the specific circumstances of the case and the discretion of the court.

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Civil procedure

severance of claims

Individual & Family Legal Plan

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South-Carolina State Code

South-Carolina State Code

Civil procedure

severance of claims

Articles