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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 Washington State, the concept of severance in civil litigation allows a court to split a single lawsuit into two or more separate lawsuits. This procedural mechanism is governed by the Washington State Rules of Civil Procedure (CR), particularly CR 21, which permits the severance of claims or parties in a lawsuit. When a severance is granted, each resulting lawsuit can proceed to trial independently, and the judgments from these trials are considered final and appealable. This means that each severed case can be concluded and appealed separately, potentially before different juries. The purpose of severance is often to promote judicial efficiency, prevent prejudice, or accommodate legal issues that are distinct and would be better addressed in separate trials. It's important to note that the decision to grant a severance is at the discretion of the trial court and is subject to specific legal standards and considerations.

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Civil procedure

severance of claims

Individual & Family Legal Plan

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Washington State Code

Washington State Code

Civil procedure

severance of claims

Articles