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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 Virginia, severance of legal claims is a procedural tool that allows a court to split a single lawsuit into two or more separate lawsuits. This can occur when a case involves multiple parties or issues that may be more efficiently or fairly resolved if they are addressed separately. When a severance is granted by the trial court, each resulting lawsuit 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 to a higher court without waiting for the resolution of the other severed claims. The decision to grant a severance is within the discretion of the trial court and is governed by the Virginia Rules of Civil Procedure. Severed causes of action may be tried by different juries, ensuring that the issues in each are considered independently of one another.

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Civil procedure

severance of claims

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Civil procedure

severance of claims