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Civil Procedure

Severance

Separating claims or parties into different proceedings to avoid unfairness, confusion, or inefficiency.

Governing rule: Fed. R. Civ. P. 21, 42(b)

Plain-English definition

Severance is the opposite move from consolidation. A court can split claims or parties when keeping them together would confuse the jury, prejudice a party, delay resolution, or make the case too unwieldy.

How it works

Severance can create separate trials or separate cases. Courts often use it when claims share some facts but would be unfair or impractical to try together.

Why it matters

A severance order can reshape litigation strategy, discovery scope, settlement posture, and trial risk.

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Not legal advice. Definitions are for general reference. Consult an attorney before relying on any term in a real case.