Purpose of the Document: A Motion for Severance of Claims requests the court to separate one or more claims or parties originally joined in a single action into distinct trials or separate actions. The motion explains why joinder would lead to prejudice, juror confusion, inefficiency, or unfairness — for example, where claims rest on different legal theories, involve unrelated facts or parties, or raise statute of limitation or jurisdictional disparities that counsel in favor of separation. The document typically includes a facts narrative, legal authorities (e.g., Fed. R. Civ. P. 42(b) or analogous state rules), supporting declarations, and a proposed order.
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Common Grounds / Key Legal Terms
A Motion for Severance of Claims is often based on arguments that trying multiple claims together would prejudice one or more parties. Common grounds include:
- Distinct factual or legal issues that could confuse a jury
- Prejudice arising from unrelated claims being heard together
- Efficiency gained from separate trials
- Statutory or jurisdictional requirements
Key terms: joinder of claims, prejudice, efficiency, judicial economy, bifurcation.
Step-by-Step: How to Apply Motion for Severance of Claims
- Identify specific claims that should be severed.
- Draft the Motion for Severance of Claims, including factual and legal grounds.
- Attach supporting documents (affidavits, exhibits).
- File with the court clerk and serve opposing counsel.
- Prepare to argue at hearing if the court sets one.
Documents Required for Motion for Severance of Claims
- Case caption and procedural history
- Affidavits or declarations supporting severance
- Exhibits showing prejudice or inefficiency
- Proposed order for the judge to sign
- Proof of service to all parties
Courts may also require a memorandum of law with supporting authorities.
Tips for Success
- Be precise: explain how claims differ legally or factually.
- Demonstrate potential prejudice if claims remain joined.
- Show how severance promotes judicial efficiency.
- Provide strong supporting evidence and case law.
- Keep arguments concise and well-structured.
Frequently Asked Questions
A Motion for Severance of Claims is a legal request asking the court to split certain claims into separate trials when hearing them together would cause prejudice, confusion, or inefficiency.
It should be filed as early as possible in the litigation once it becomes clear that the claims are unrelated or prejudicial if tried together.
Evidence may include affidavits, exhibits showing potential jury confusion, or legal precedent demonstrating that severance is appropriate in similar circumstances.
Not necessarily. Severance may actually speed up resolution by allowing claims to proceed independently and avoid complications from unrelated issues.