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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 Dakota, the concept of severance in legal proceedings allows a court to split a single lawsuit into two or more separate lawsuits. This is typically done when the court finds that the issues or parties involved are sufficiently distinct that separate trials are warranted. Under South Dakota law, when a severance is granted, each of the resulting lawsuits proceeds independently, and each can lead to its own final and appealable judgment. This means that the outcomes of these separate trials can be appealed separately. Severance can result in different juries hearing the cases that have been split. The rules governing severance are generally found in the South Dakota Codified Laws and the procedural rules set by the state's courts. An attorney can provide specific guidance on how severance might apply to a particular case and the strategic considerations involved in seeking or opposing a severance.

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Civil procedure

severance of claims

Individual & Family Legal Plan

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South-Dakota State Code

South-Dakota State Code

Civil procedure

severance of claims

Articles