Motion to Sever or for Separate Trials

When the motion to sever or for separate trials is used

Timing: usually before trial, once it is clear that trying everything together would be unfair or confusing. These motions usually come early, often before or with the answer. As a result, they can end or narrow a case before discovery starts.

What the rule requires

• Under Rule 21, misjoinder of parties is not a ground for dismissing an action; the court may add or drop a party or sever a claim.
• When ordering a separate trial, the court must preserve any federal right to a jury trial (Rule 42(b)).
• A severed claim usually proceeds as a separate action, while separate trials keep one case with more than one trial.

In practice, read each requirement closely. Then check whether your court adds anything of its own. For example, many courts set page limits, formatting rules or a duty to confer with the other side first.

You can read the full text of Fed. R. Civ. P. 21, 42(b) online. Also, the federal judiciary publishes the current rules and recent amendments.

The motion to sever or for separate trials in state court

This page covers the federal version. In state court, the motion to sever or for separate trials may have a different name, a different deadline or a different form. For example, a state may count days differently or require a separate notice. So start with your state’s rules of civil procedure, then check the local rules. Our state procedures guide links to the official rules for every state and DC.

Key terms

In addition, these terms come up often with this procedure:

• Severance: splitting claims or parties into separate cases or separate trials. Federal Rule of Civil Procedure 21 lets the court sever any claim against a party, and Rule 42(b) allows separate trials.

Related procedures

Similarly, these procedures often come up alongside it:

• Motion to Consolidate: a request to join separate cases that involve a common question of law or fact. Under Rule 42(a), the court may join the actions for hearing or trial, consolidate them, or issue other orders to avoid unnecessary cost or delay.
• Joinder of Parties (Required and Permissive): the rules for who must, and who may, join as parties in one lawsuit.
• Scheduling Order and Pretrial Conferences: the court's order setting deadlines for joining parties, amending pleadings, completing discovery and filing motions, and the conferences that manage the case.

Before you rely on this page

First, read the current text of the rule. After that, check your court’s local rules and any standing order from the judge. In addition, look at recent decisions from your own court. They show how judges apply the rule in practice. For advice about your own case, speak with a licensed attorney, for example through our directory.

State court procedure for this filing

The federal rule above applies in federal court. In state court, the same filing is governed by that state's own rules of civil procedure, statutes and local court rules. Many states model their rules on the Federal Rules of Civil Procedure, so the requirements are often similar, but names, numbers, deadlines and forms can differ. Always use the version that applies to the court where your case is filed.

Find the rule in your state

In your state's rules, look for the rule on motion to sever or for separate trials. In states that number their rules like the federal rules, it is often the same rule number as the federal rule.