Select your state

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 Georgia, severance of legal claims is governed by the Georgia Civil Practice Act and relevant case law. When a severance is granted by a trial court, it effectively divides a single lawsuit into two or more separate lawsuits, each proceeding independently to a final judgment. This allows for each cause of action to be resolved on its own merits, potentially before different juries, and each judgment is independently appealable. Severance can be particularly useful in complex litigation where distinct claims or parties are better suited to be tried separately to avoid prejudice or confusion. The decision to grant a severance is within the discretion of the trial court and is based on considerations of convenience, to avoid prejudice, or to promote the ends of justice. The relevant rules are found in the Official Code of Georgia Annotated (O.C.G.A.) and decisions by Georgia appellate courts provide further guidance on the application of these rules.

Legal Articles

State Statutes

Individual & Family Legal Plan

As a LegalFix member, you'll get expert legal services from a local law firm that treats you like an important client. Don't wait—be prepared for life's inevitable legal challenges starting today. And ask your employer, credit union, or membership group about preferred pricing opportunities.

Civil procedure

severance of claims

Individual & Family Legal Plan

Articles

Georgia State Code

Georgia State Code

Civil procedure

severance of claims

Articles