Also known as: severance of action · severance
Written by attorneys · grounded in primary & secondary sources — see below
A procedural mechanism by which a court separates claims, charges, or defendants into distinct proceedings. The separation occurs when joinder would prejudice a party or prevent a fair determination of guilt or innocence.
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Alex Rivera and Jordan Hale were indicted together on conspiracy charges. Rivera moved to sever his trial from Hale's because Hale's prior convictions would prejudice the jury. The court granted severance to ensure each defendant's guilt or innocence could be fairly determined.
Sapphire Holdings sued a foreign government entity for expropriation of assets. The company moved to sever its contract claim from the takings claim so each could proceed on a separate track. The court granted severance because the act of state issues in one claim would prejudice the jury's consideration of the purely commercial dispute in the other.
Spencer Silver challenged a deportation order that rested on a legislative veto provision. He asked the court to sever the veto mechanism from the remainder of the immigration statute. The court refused severance because the veto was integral to the statutory scheme and could not be isolated without rewriting congressional intent.
Starlight Media faced multiple counts under city ordinances that banned certain religious animal sacrifices. The company moved to sever the counts so each ordinance could be challenged independently. The court denied severance because the ordinances formed a single regulatory scheme and separate trials would waste judicial resources.
Sabrina Shah was charged with both cross burning and separate threats against neighbors. She moved for severance of the charges. The court granted the motion because evidence of the threats would inflame the jury on the cross burning count and prevent a fair assessment of intent for each offense.
Sydney Santos faced four robbery counts arising from a single night at different stores. He moved to sever the counts for separate trials. The court denied severance because the offenses shared a common scheme and the jury could fairly distinguish the evidence without prejudice to the defendant.
A court grants severance when joinder would prejudice a party or prevent a fair determination of guilt or innocence. The decision rests on whether separate proceedings better protect the rights of the accused while preserving judicial efficiency.
An improper denial of severance can violate due process by allowing prejudicial evidence to taint the jury's consideration of each claim or defendant. Reversal may follow if the error affected the outcome of the trial.
…in the felony but accused the other of the homicide. On appeal the defendants attacked the trial court’s denial of a severance, and the State argued that neither defendant was harmed by the statements put in evidence at the joint trial because admission of the felony amounted to admission of guilt of felony murder.…