A severance splits a single lawsuit into two or more independent lawsuits, each of which results in an appealable final judgment. When a trial court grants a severance, the separated causes of action typically proceed to individual judgments—judgments that are themselves separately final and appealable. Causes of action that have been severed from each other into independent lawsuits will be heard by different juries.
In Texas, severance in civil litigation refers to the process by which a court divides a lawsuit into two or more separate and independent lawsuits. This can occur when a lawsuit involves multiple causes of action or parties that could be more efficiently or fairly dealt with separately. Under Texas Rules of Civil Procedure, Rule 41, a trial court may, for convenience or to avoid prejudice, order a severance of any claim, cross-claim, counterclaim, or third-party claim into separate suits. When a severance is granted, each resulting lawsuit proceeds independently, and each can lead to an appealable final judgment. This means that the outcomes of these separate trials can be appealed separately, and different juries may hear the severed causes of action. Severance is particularly useful when issues or parties are so distinct that their consolidation could lead to confusion or when separate trials would be more expedient or just.
