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 Michigan, the concept of severance in civil litigation allows a court to split a single lawsuit into two or more separate lawsuits. This is typically done when the court finds that the issues or parties involved are sufficiently distinct that separate trials are warranted. Under Michigan Court Rules, specifically MCR 2.309, a court may order a separate trial of one or more claims, cross-claims, counterclaims, or third-party claims, or of any separate issues when it would be in the interests of convenience or would avoid prejudice to any party. Once severed, each cause of action proceeds independently, and the resulting judgments are final and appealable. This means that each case can be heard by a different jury and will follow its own litigation timeline. The use of severance is at the discretion of the court and is intended to promote judicial efficiency and fairness to the parties involved.

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

Michigan State Code

Michigan State Code

Civil procedure

severance of claims

Articles