Severance

What severance means

In short, severance is a term you will meet in court papers, rules and legal research. The definition above gives its usual meaning in American civil practice. However, the exact meaning can depend on the rule, statute or court decision that uses it. So it helps to read the term in context.

Where severance comes up

For example, the term appears in these procedures:

• Motion to Sever or for Separate Trials (Fed. R. Civ. P. 21, 42(b)): a request to split claims or parties apart. Under Rule 42(b), the court may order a separate trial of one or more issues, claims, crossclaims, counterclaims or third-party claims for convenience, to avoid prejudice, or to expedite and economize. Under Rule 21, the court may also sever any claim against a party.

How to research the term

Start with the primary source. For example, if severance appears in a federal rule, read the rule itself and its official notes. After that, check your court’s local rules and any standing orders from the judge. In addition, search recent decisions from your own state or federal district. They show how courts read severance in practice. Because state rules often differ, our state procedures guide links to each state’s official rules. Above all, make sure the version you read is still in force.

You can read the official rule text online for free.

Related legal terms

• Servicer: the company that collects payments and handles the day-to-day administration of a loan on behalf of its owner.
• Setoff: a right to reduce an amount owed to another person by an amount that person owes in return, so that only the difference is paid.
• Settlement: an agreement resolving a dispute without a final court decision on the merits.
• Settlor: the person who creates a trust. Also called the grantor or trustor in some jurisdictions.

Why precise terms matter

Courts read legal terms closely. As a result, knowing the exact meaning of a word helps you follow orders, rules and filings. Each glossary entry on Lawtopolis is short on purpose and links to the pages where the term is used.