Definition of Severance
Severance is a procedural action where a court separates claims involving multiple parties, or permits separate actions to proceed on each claim or fewer claims at one time. It stands in contrast to consolidation, where individual cases with common questions of fact or law are joined to be heard or resolved together.
Purpose of Severance
The provision for separate trials, or severance, serves several objectives. Its primary purposes are to promote convenience, avoid delay and prejudice, and contribute to the efficient administration of justice. While severance is available, piece-meal trial of separate issues within a single lawsuit is generally not the standard procedure.
Discretionary Nature
The decision to order a separate trial (severance) is discretionary with the court. This discretion is also evident in the rule regarding consolidation or severance, which states the court "may" order a joint hearing or trial, or separate trials.
Distinction from Consolidation
While often discussed together, severance and consolidation are opposite procedural devices. Consolidation combines cases that could be tried separately into a single action, particularly when they involve common questions of fact or law. Severance, conversely, divides claims or parties that might otherwise be heard together, resulting in separate actions. The purpose of consolidation is to avoid multiplicity of suits, prevent delay, and save costs. The purpose of severance is convenience and avoiding prejudice.
Severance and Separate Judgments
Severance can lead to a separate judgment. For instance, if a defendant files a counterclaim, cross-claim, or third-party complaint, these claims can be separated from the original complaint. The court may then determine these separate claims and render a distinct judgment on them. This separate judgment is distinct from a "several judgment," which pertains to liability among joint obligors.