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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 Kentucky, severance of actions is governed by the Kentucky Rules of Civil Procedure (CR). Specifically, CR 21 deals with the misjoinder and nonjoinder of parties and allows for severance of claims. When a severance is granted by a trial court in Kentucky, it effectively splits a single lawsuit into two or more separate lawsuits. Each of these lawsuits proceeds independently to a final judgment, and these judgments are appealable. The purpose of severance is to ensure a fair and efficient trial process, especially when the claims or parties involved are distinct enough that combining them could cause prejudice or confusion. After severance, the causes of action that have been separated may be tried by different juries, allowing for more focused deliberations on the specific issues at hand. It's important to note that the decision to grant a severance is within the discretion of the trial court and is subject to appellate review for abuse of discretion.

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Civil procedure

severance of claims

Individual & Family Legal Plan

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Kentucky State Code

Kentucky State Code

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Civil procedure

severance of claims