Bifurcation defers evidence of the defendant's financial condition and sometimes the punitive entitlement question until a separate phase. Several states require bifurcation on request.
The same jury typically hears both phases.
Alternative Names:
Punitive Phase, Two-Phase Punitive Trial
Why it Matters?
Deferring financial condition evidence is the principal benefit, since wealth evidence presented during the liability phase influences the compensatory award as well. Where bifurcation is available on request rather than discretionary, invoking it is nearly automatic for a corporate defendant. Some statutes bifurcate entitlement as well as amount, which prevents the jury from hearing punitive-only evidence while deciding liability.
Frequently Confused with
Related terms
Frequently asked questions
What does bifurcation defer?
Is bifurcation available on request?
