Pleadings and Motions

Procedural Motions

Motion to Sever

Motion to Sever

Motion to Sever

Rule 21 permits severance of claims or parties into separate actions, and Rule 42(b) permits separate trials of issues or claims. Severance creates independent actions while separate trials leave one case.

Prejudice from joinder is the usual ground.

Alternative Names:

Severance Motion, Motion for Separate Trials

Why it Matters?

The distinction between severance and separate trials matters procedurally, since severed claims proceed as independent actions with their own judgments and appeal timelines while separate trials remain one case. For a defendant joined with codefendants whose conduct was substantially worse, severance prevents guilt by association, which is the most common ground. Establishing specific prejudice rather than asserting it generally is what carries the motion.

Frequently asked questions

How does severance differ from separate trials?

What is the common ground?