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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 Utah, severance of legal claims in a lawsuit is governed by the Utah 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 efficiency. When a severance is granted, each resulting lawsuit operates independently, and the outcomes can be separately final and appealable. This means that each severed case can proceed to trial and judgment on its own, potentially with different juries, and the judgments can be appealed independently of one another. Severance is particularly useful when different claims or parties involved in the same lawsuit require distinct and separate treatment to ensure a fair and efficient resolution. An attorney can provide specific guidance on how severance might apply to a particular case in Utah.

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Civil procedure

severance of claims

Individual & Family Legal Plan

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Utah State Code

Utah State Code

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Civil procedure

severance of claims