Also known as: motion to sever · motion for severance · severance motion · severance
Written by attorneys · grounded in primary & secondary sources — see below
2 senses
A procedural request asking a court to try charges or defendants separately to avoid unfair prejudice to a party.
A motion in property law seeking to terminate a joint tenancy so that the interests become a tenancy in common.
Each sense below has its own examples, sources, and questions.
A procedural request asking a court to try charges or defendants separately to avoid unfair prejudice to a party.
The government indicted six defendants on overlapping but distinct conspiracy counts arising from separate loan schemes. Michael Miller moved to sever his trial, arguing the evidence against the other five would spill over and confuse the jury. The court granted the motion because the proof of each scheme was readily separable and joint trial would prejudice Miller's defense.
A motion in property law seeking to terminate a joint tenancy so that the interests become a tenancy in common.
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Marcus Mitchell and Megan Moore were tried together for robbing four victims on the same night. Moore moved to sever after the prosecution introduced evidence admissible only against Mitchell. The court granted severance because the joint trial would force the jury to consider evidence that could not be used against Moore, creating incurable prejudice.
Mina Mehta and Marco Marquez were charged with a single conspiracy count. Mehta moved to sever, asserting that her limited role would be overshadowed by evidence of her codefendant's larger acts. The court denied the motion after determining that limiting instructions would adequately protect Mehta from any spillover prejudice.
Mercury Industries employees Michael Miller and Marcus Mitchell faced joint drug charges. Miller moved to sever because Mitchell had served as a government informant in the same investigation. The court granted the motion to prevent the jury from learning of Mitchell's cooperation and thereby prejudicing Miller's defense.
Mohan Malhotra and Mina Mehta were tried together for securities fraud. Malhotra moved to sever after Mehta announced a defense that directly implicated Malhotra. The court granted the motion because the antagonistic defenses made a joint trial fundamentally unfair to both defendants.
A court grants severance when joinder would cause substantial prejudice that cannot be cured by limiting instructions. The moving party must show that the risk of prejudice outweighs the efficiency of a joint trial.
The defendant must demonstrate that joinder would prevent a fair trial. Courts weigh the risk of prejudice against judicial economy and may order severance or other protective measures.
Mohan Malhotra and Marcus Mitchell held Blackacre as joint tenants. Mohan executed a three-year lease of his interest to a third party. Marcus filed a motion to sever the tenancy, claiming the lease broke the unity of title. The court denied the motion after finding that the lease created only a cotenancy for its term without extinguishing the right of survivorship.
No. Under the modern approach the lease creates only a cotenancy for its duration. The surviving joint tenant takes free of the lease if the leasing tenant dies first.
…in the felony but accused the other of the homicide. On appeal the defendants attacked the trial court’s denial of a severance, and the State argued that neither defendant was harmed by the statements put in evidence at the joint trial because admission of the felony amounted to admission of guilt of felony murder.…