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Procedural

Motion to Sever

Asks the court to split claims, parties, or trials to avoid prejudice, confusion, or delay.

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

What it is

A request to split claims, parties, counts, or trials so they proceed separately. Severance is used when combined proceedings would confuse the issues, prejudice a party, delay resolution, or make the case too unwieldy.

When it's used

Filed in multi-party or multi-claim cases, especially when claims share some facts but not enough to justify one combined proceeding. It also appears when evidence against one party could unfairly spill over onto another.

What the other side does

The opposing party argues the claims belong together, common facts support one proceeding, severance wastes resources, or separate trials risk inconsistent results.

Common outcomes

The court may sever claims into separate cases, order separate trials, deny severance, or use case-management tools to reduce prejudice without splitting the case.

Not legal advice. Motion practice varies by court, judge, and case type. Local rules and standing orders frequently modify the federal defaults shown here. If you're facing a motion or considering filing one, talk to a lawyer about strategy and timing for your specific case.