Motion for Separate Trials (Bifurcation) Under FRCP 42(b) | Practical Law

Motion for Separate Trials (Bifurcation) Under FRCP 42(b) | Practical Law

A Practice Note explaining separate trials (bifurcation) in federal civil litigation under Federal Rule of Civil Procedure (FRCP) 42(b). Specifically, this Note addresses key considerations for counsel when moving for separate trials, including the differences between a motion to sever and a motion for separate trials, the factors courts use in analyzing motions for separate trials, the use of separate juries in bifurcated trials, common scenarios in which parties seek separate trials, the applicable rules, the timing of a motion under FRCP 42(b), and appellate review of orders granting or denying a motion for separate trials.

Motion for Separate Trials (Bifurcation) Under FRCP 42(b)

Practical Law Practice Note w-002-8286 (Approx. 14 pages)

Motion for Separate Trials (Bifurcation) Under FRCP 42(b)

by Practical Law Litigation
MaintainedUSA (National/Federal)
A Practice Note explaining separate trials (bifurcation) in federal civil litigation under Federal Rule of Civil Procedure (FRCP) 42(b). Specifically, this Note addresses key considerations for counsel when moving for separate trials, including the differences between a motion to sever and a motion for separate trials, the factors courts use in analyzing motions for separate trials, the use of separate juries in bifurcated trials, common scenarios in which parties seek separate trials, the applicable rules, the timing of a motion under FRCP 42(b), and appellate review of orders granting or denying a motion for separate trials.