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 Wisconsin, severance of legal claims in a lawsuit is governed by state statutes and rules of civil procedure. Under Wisconsin law, a court may order severance of claims or parties in a civil action when it finds that such a separation is necessary to avoid prejudice or will promote convenience or judicial economy. This is typically addressed under Wisconsin Statutes Section 805.05, which allows for separate trials on issues, claims, counterclaims, or third-party claims when separation is appropriate. When a severance is granted, each resulting lawsuit proceeds independently, potentially with different juries, and leads to separate final judgments. These judgments are then individually appealable to a higher court. The decision to sever is at the discretion of the trial court and is usually made to ensure a fair and efficient resolution of the disputes involved. It's important for parties considering or facing a severance to consult with an attorney to understand the implications for their specific case.