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Bifurcate

 

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Bifurcate


 
 

In lawLaw

Law is the set of rules or norms of conduct which forbid, permit or mandate specified actions and relationships among people...
, bifurcation is a judge's ability to divide a trialTrial (law)

In legal parlance, a trial is an event in which parties to a dispute present information in a formal setting, usually a cour...
 into two parts so as to render a judgmentJudgment

A judgment or judgement, in a legal context, is synonymous with the formal decision made by a court following a lawsui...
 on a set of legal issues without looking at all aspects. Frequently, civil cases are bifurcated into separate liabilityLiability

In the most general sense, a liability is anything that is a hindrance, or puts individuals at a disadvantage....
 and damagesDamages

In law, damages refers to the money paid or awarded to a claimant or plaintiff following their successful claim in a civil...
 proceedings. Criminal trials are also often bifurcated into guilt and sentencing phases, particularly in capitalCapital punishment

Capital punishment, or the death penalty, is the execution of a convicted criminal by the State as punishment for crim...
 cases.

Bifurcation Under the Federal Rules of Civil Procedure

Under the American Federal Rules of Civil ProcedureFederal Rules of Civil Procedure

The Federal Rules of Civil Procedure govern civil procedure in the United States district courts, or more simply, court proc...
, Rule 42(b) allows the court to decide issues contained in a single suit in separate trials. Bifurcation does not affect the party structure of the suit itself, but merely allows multiple trials inside of one suit. Conversely, the court may allow combination, which permits two separate suits to be joined together in a single trial. This is done through Rule 42(a).

Bifurcation is distinctly different than severanceSeverance

Severance may refer to:*Severance, the 2003 debut album of Australian melodic death metal band Daysend....
, which under Rule 21 creates separate suits. The practical distinction is that severance results in separate judgments, whereas bifurcation yields a single judgment.

For example: A judge may accept bifurcation in a divorce case where the issues of custody and property division are bifurcated. This way they can both be discussed at the same time but separately.

In Federal CourtUnited States district court

The United States district courts are the general trial courts of the United States federal court system....
 judges have wide discretion to structure trials. Factors evaluated will include congruence of issues, complexity for the jury, and possible prejudice to any of the parties.

Bifurcation under state procedure

State procedures differ widely.

In some states, a defendantDefendant

A defendant or defender is any party who is required to answer the complaint of a plaintiff or pursuer in a civil laws...
 who has raised the defense of mental disease or defect will automatically create a bifurcated trial. In the first part, a defendant's guiltGuilt

Guilt is primarily an emotion experienced by people who believe they have done something wrong....
 or innocenceInnocence

Innocence is a term that describes the lack of guilt of an individual, with respect to a crime....
 is decided. If the defendant is guilty, the issue of mental disease is presented.