{"id":6602,"date":"2017-11-04T05:59:12","date_gmt":"2017-11-04T05:59:12","guid":{"rendered":"https:\/\/reunitethestates.org\/?page_id=6602"},"modified":"2018-01-20T22:41:55","modified_gmt":"2018-01-20T22:41:55","slug":"motion-to-sever-reasonable-tequest-to-have-all-or-some-claims-or-defenses-tried-separately-from-those-of-coparties-or-codefendants","status":"publish","type":"page","link":"https:\/\/reunitethestates.org\/?page_id=6602","title":{"rendered":"Motion to Sever – a party’s or defendant’s reasonable request to have\u00a0all or some claims or defenses tried separately from those of coparties or\u00a0codefendants"},"content":{"rendered":"

\u00a0\u00a0\u00a0\u00a0 This page is continued from Every Type of Motion<\/a> >>>> Pretrial Motions<\/a>:<\/strong><\/span><\/p>\n

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motion to sever<\/span>:<\/span><\/strong>
\n(1877)<\/span><\/p>\n

1. <\/strong>Civil procedure.<\/em> A party\u2019s or defendant\u2019s request to have\u00a0<\/strong>all or some of its claims or defenses tried separately from those of coparties or\u00a0<\/strong>codefendants.\u00a0 Common grounds for the motion<\/a> are that the claims & counterclaims are\u00a0<\/strong>so different that they should logically be heard separately, that the case involves different<\/strong><\/span>
\n causes of action that should logically be tried separately, that prejudice to a party will\u00a0<\/strong>result from trying the claims together, or that a party has been improperly joined.<\/strong><\/span><\/p>\n

\u00a0 \u00a0 \u00a0Excerpt from Gerald A. Kafka & Rita A. Cavanagh’s\u00a0Litigation of Federal Civil Tax Controversies<\/a>:<\/strong><\/span><\/p>\n

\u00a0 \u00a0 \u00a0\u201cA motion to sever is made to separate parties or issues<\/span><\/strong><\/span>
\nincluded in a single cause of action<\/a>.\u00a0 Typically, such a motion is\u00a0<\/strong><\/span>made where severance will result in a more efficient disposition\u00a0<\/strong><\/span>of the case.\u00a0 For example, one party or claim may be subject to a\u00a0<\/strong><\/span>jurisdictional defense not applicable to the remainder of the\u00a0<\/strong><\/span>action. A party moving for severance should be prepared to\u00a0<\/strong><\/span>demonstrate with particularity the grounds supporting the\u00a0<\/strong><\/span>motion. . A motion to sever is favored by the court ‘when it\u00a0<\/strong><\/span>allows one significant issue in a multi-issue case to be resolved\u00a0<\/strong><\/span>by the court in a manner that encourages settlement of the\u00a0<\/strong><\/span>remainder of the case. For example, where the resolution of a\u00a0<\/strong><\/span>statute of limitations issue or other jurisdictional question as a\u00a0<\/strong><\/span>preliminary matter can reduce the likelihood of further trial on\u00a0<\/strong><\/span>the substantive issues, the motion should be favorably\u00a0<\/strong><\/span>considered. Conversely, where the parties are unable to\u00a0<\/strong><\/span>represent that resolution of a single issue may significantly\u00a0<\/strong><\/span>affect the resolution of the remaining issues, a motion to sever\u00a0<\/strong><\/span>will be less favorably considered.<\/span>\u201d <\/strong>[2]<\/span><\/p>\n

motion to sever<\/span>:<\/strong><\/span>
\n(second definition)<\/em><\/span><\/p>\n

2.<\/strong> Criminal procedure<\/em>. A defendant\u2019s request to have all or part of the case against the<\/strong><\/span> defendant tried separately from that of the codefendants.<\/strong> \u2013 aka (in both senses)<\/span>
\n motion for severance<\/strong><\/em><\/span>.<\/span><\/p>\n

\u00a0 \u00a0 \u00a0 Excerpt from the U.S. War Department’s\u00a0A Manual for Courts-Martial<\/a><\/em>:<\/strong><\/span><\/p>\n

\u00a0 \u00a0 \u00a0\u201cA motion to sever is a motion<\/a> by one of two or more<\/span><\/strong><\/span>
\njoint accused to be tried separately from the other or others…\u00a0<\/span><\/strong><\/span>The more common rounds of motions for severance are that\u00a0<\/span><\/strong><\/span>the mover desired to avail himself on his trial of the testimony\u00a0<\/span><\/strong><\/span>of one or more of his coaccused, or of the testimony of the wife\u00a0<\/span><\/strong><\/span>of one, or that the defenses of the other accused are\u00a0<\/span><\/strong><\/span>antagonistic to his own, or that the evidence as to them will in\u00a0<\/span><\/strong><\/span>some manner prejudice his defense.<\/span>\u201d<\/strong> [3]<\/span><\/p>\n

Related Terms:<\/span><\/strong><\/p>\n

Byrd<\/em> affidavit<\/span><\/a> – in criminal cases, a defendant\u2019s affidavit in support of a motion to sever on the grounds that a codefendant will give exculpatory testimony for the defendant.\u00a0 Byrd v. Wainwright<\/em>, 428 F.2d 1017 (5th Cir. 1970)<\/span>.
\n<\/strong><\/span><\/p>\n

References:<\/span><\/strong><\/span><\/p>\n

[1]: Black\u2019s Law Dictionary\u00a0Deluxe Tenth Edition\u00a0by Henry Campbell Black & Editor in Chief Bryan A. Garner<\/a>. ISBN: 978-0-314-62130-6<\/strong><\/span><\/p>\n

[2]:\u00a0Gerald A. Kafka & Rita A. Cavanagh, Litigation of Federal<\/a><\/strong><\/span>
\nCivil Tax Controversies \u00a7 7.04 (2012)<\/strong><\/span><\/p>\n

[3]:\u00a0United States War Department, A Manual for Courts-<\/a><\/strong><\/span>
\nMartial 127 (1920).<\/strong><\/span><\/p>\n

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