Montana Motion to Bifurcate Trials on Subsequent Offense of Operating under Influence and on Operation without a License

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Description

Bifurcation is the act of dividing a trial into two parts for various reasons like convenience, to avoid prejudice, or to expedite and economize. Frequently, civil cases are bifurcated into separate liability and damages proceedings. Criminal trials are also often bifurcated into guilt and sentencing phases.


Severance of actions may be allowed in the court's discretion either to permit a separate trial for some of the parties or a separate trial of properly joined causes of action. Usually, severance is requested by a defendant, but a plaintiff will be granted a severance under proper circumstances. The basic reason for granting a severance is that prejudice is likely to result from a joint trial. Severance should be permitted where the defendants' interests are hostile, where the action against them is not based on the same legal liability, or where a joint trial would involve the submission of very complex and abstruse questions to the jury and would materially affect the substantial rights of the parties.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

Bifurcate, in the legal sense, is the dividing of a case into two stages for trial. A common division is to determine liability or guilt in the first stage and damages or punishment in the second.

Bifurcation refers to the separation of the proceeding into distinct phases addressing discrete issues. Most often bifurcation refers to the separation of jurisdictional issues from the merits of the dispute or liability issues from damages.

Bifurcation is the splitting of a larger whole or main body into two smaller and separate units. Bifurcation can occur when one company divides into two separate divisions, thereby creating two new companies that can each sell or issue shares to stockholders. Companies may seek bifurcation for certain tax advantages.

: the state of being divided into two branches or parts : the act of bifurcating.

Bifurcated trial means that the trial is conducted in two stages. A common division is to determine liability or guilt in the first stage and damages or penalties in the second.

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Montana Motion to Bifurcate Trials on Subsequent Offense of Operating under Influence and on Operation without a License