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Severance
Severance is a legal request to split a single case into separate parts, such as trying one defendant separately or handling one claim on its own.
What it actually is
In a court case, severance allows a judge to order that certain claims, issues, or parties be tried separately rather than together. This often arises in multi-defendant criminal cases where one defendant wants a separate trial to avoid prejudice, or in civil cases to prevent confusion of separate legal questions. The decision to grant severance is within the judge's discretion and depends on promoting fairness and efficiency.
Why it matters in your case
For someone in a case, severance can mean that you or your specific claim will be addressed in a separate proceeding, potentially avoiding guilt by association or complex jury confusion. It can also affect the timing and cost of litigation, as separate trials may require additional court appearances and resources.
The common misunderstanding
A common misunderstanding is that severance automatically guarantees a separate trial upon request; in reality, the judge must find that the benefits outweigh the risk of duplicative proceedings. Another confusion is that severance only applies to criminal cases, but it is also used in civil litigation to separate distinct legal issues.
Get the actual rule
Definitions are orientation; rules are authority
This page explains the concept. When it matters to your case, read the rule that governs it in your court — we hold Texas, federal and Washington court rules word for word, and every state's official resources are on the state pages. If someone cites a case at you, check that it exists first.
Related
Terms that travel with this one
General explanation, not legal advice, and not specific to any state — procedures and deadlines vary by jurisdiction and court. If you can get a lawyer or free legal aid, do: every real option.