Also known as: severance of claim · sever claims · severing claims · claim severance · severance
Written by attorneys · grounded in primary & secondary sources — see below
A procedural device by which a court divides a single lawsuit into separate actions or trials for distinct claims or parties. The device prevents prejudice, promotes efficiency, and allows independent adjudication when joinder creates confusion or unfairness.
Serena Soto, a joint tenant, leased her interest in Blackacre to Starlight Media. When the co-tenant sued both for possession after Serena's death, the court considered whether to sever the lease claim from the survivorship claim. Severance allowed the lease dispute to proceed separately so the surviving tenant could assert rights free of the encumbrance without litigating the lease validity in the same proceeding.
Sebastian Santos sued Foundation Health Psychcare Services over an employment contract containing an arbitration clause. The court faced claims that some provisions were unconscionable. It ordered severance of the invalid clauses from the remainder of the agreement so the core arbitration obligation could be enforced without the tainted terms.
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Samuel Soto faced six separate robbery charges arising from a single episode involving different victims. The defense moved to sever the counts into distinct trials. The court denied severance because the shared facts did not create sufficient prejudice to require separate proceedings.
Sarah Sullivan sued Howes Leather Co. in a complex antitrust action. The district court consolidated multiple related cases for trial. On review the appellate court considered whether to sever certain defendants and claims to avoid an unwieldy proceeding that risked confusing the jury.
Sapphire Holdings sued Banco Nacional de Cuba after the bank nationalized assets. The bank asserted counterclaims under Cuban law. The court weighed whether to sever the counterclaims because some issues risked nonjusticiability in the same action as the primary expropriation claims.
Selena Singh sued Sorema alleging national-origin discrimination. The complaint contained multiple related claims. The defendant moved to sever the claims because some lacked sufficient factual detail. The court denied severance, holding that the pleading standard did not require separate actions for each theory.
A court may sever claims or parties when joinder creates prejudice, confusion, or inefficiency. The decision rests on whether the claims arise from the same transaction or series of occurrences and whether common questions exist. If those requirements are met but prejudice would result, severance is appropriate.
Supporting sources
No. Plaintiffs may seek different types or amounts of damages and still remain joined. The rules expressly allow varying relief so long as the transaction-or-occurrence and common-question tests are satisfied.
Yes. Once a plaintiff has properly asserted one claim against a defendant, any additional claims against that same defendant may be joined regardless of factual connection. The rule is deliberately liberal at the claim level.
Separation divides a single action into separate trials while keeping all claims in one case. Severance creates independent actions that proceed on separate dockets. The terms are sometimes used interchangeably but carry distinct procedural consequences.
Supporting sources
…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.…