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.
New Hampshire Motion to Bifurcate Trials on Subsequent Offense of Operating under Influence and on Operation without a License A motion to bifurcate trials is a legal request made in a court of law in the state of New Hampshire. The purpose of this motion is to separate the trials of two distinct charges: subsequent offense of operating under the influence (OUI) and operation without a license (OWL). Bifurcation allows for separate consideration of each offense, ensuring a fair and impartial trial. Keywords: New Hampshire, motion to bifurcate trials, subsequent offense, operating under influence, OUI, operation without a license, OWL 1. Understanding the Motion to Bifurcate Trials: In New Hampshire, when an individual is charged with both a subsequent offense of operating under the influence (OUI) and operation without a license (OWL), their defense attorney can file a motion to bifurcate the trials. Bifurcation aims to avoid any prejudice that might arise from trying both cases together, enhancing the defendant's chance of a fair trial. 2. Subsequent Offense of Operating under Influence (OUI): When an individual is being charged with a subsequent offense of OUI, it means they have previously been convicted of operating under the influence. This charge is typically more severe than a first-time offense and carries heavier penalties. The subsequent offense often leads to longer license suspensions, higher fines, mandatory alcohol education programs, and potentially even imprisonment. 3. Operation without a License (OWL): Operation without a license refers to the act of operating a motor vehicle without possessing a valid driver's license. This offense can occur for various reasons, such as driving with an expired or suspended license or operating a vehicle without ever obtaining a license. OWL charges carry their own set of penalties, which may include fines, license suspension, and potential jail time. 4. The Importance of Bifurcating Trials: Bifurcating trials separating the charges of subsequent offense OUI and OWL ensures that each offense is judged independently with its own set of facts and circumstances. When tried together, there is a risk of prejudgment, as the jury or judge might associate the severity of the subsequent OUI offense with the seemingly unrelated OWL charge, influencing their final decision. 5. Benefits of Bifurcation: By granting a motion to bifurcate trials, the court ensures that each charge is evaluated independently, enhancing the defendant's fair trial rights. Bifurcation eliminates the possibility of one offense unfairly influencing the perception of the other. It allows the jury or judge to assess the evidence and testimony for each charge on its own merits, strengthening a defendant's prospects for a just outcome. In conclusion, New Hampshire Motion to Bifurcate Trials on Subsequent Offense of Operating under Influence and on Operation without a License is a legal request to separate the trials of two distinct charges: subsequent OUI and OWL. Bifurcation ensures the fairness of the defendant's trial rights by evaluating each offense independently, providing a better chance for a just outcome.New Hampshire Motion to Bifurcate Trials on Subsequent Offense of Operating under Influence and on Operation without a License A motion to bifurcate trials is a legal request made in a court of law in the state of New Hampshire. The purpose of this motion is to separate the trials of two distinct charges: subsequent offense of operating under the influence (OUI) and operation without a license (OWL). Bifurcation allows for separate consideration of each offense, ensuring a fair and impartial trial. Keywords: New Hampshire, motion to bifurcate trials, subsequent offense, operating under influence, OUI, operation without a license, OWL 1. Understanding the Motion to Bifurcate Trials: In New Hampshire, when an individual is charged with both a subsequent offense of operating under the influence (OUI) and operation without a license (OWL), their defense attorney can file a motion to bifurcate the trials. Bifurcation aims to avoid any prejudice that might arise from trying both cases together, enhancing the defendant's chance of a fair trial. 2. Subsequent Offense of Operating under Influence (OUI): When an individual is being charged with a subsequent offense of OUI, it means they have previously been convicted of operating under the influence. This charge is typically more severe than a first-time offense and carries heavier penalties. The subsequent offense often leads to longer license suspensions, higher fines, mandatory alcohol education programs, and potentially even imprisonment. 3. Operation without a License (OWL): Operation without a license refers to the act of operating a motor vehicle without possessing a valid driver's license. This offense can occur for various reasons, such as driving with an expired or suspended license or operating a vehicle without ever obtaining a license. OWL charges carry their own set of penalties, which may include fines, license suspension, and potential jail time. 4. The Importance of Bifurcating Trials: Bifurcating trials separating the charges of subsequent offense OUI and OWL ensures that each offense is judged independently with its own set of facts and circumstances. When tried together, there is a risk of prejudgment, as the jury or judge might associate the severity of the subsequent OUI offense with the seemingly unrelated OWL charge, influencing their final decision. 5. Benefits of Bifurcation: By granting a motion to bifurcate trials, the court ensures that each charge is evaluated independently, enhancing the defendant's fair trial rights. Bifurcation eliminates the possibility of one offense unfairly influencing the perception of the other. It allows the jury or judge to assess the evidence and testimony for each charge on its own merits, strengthening a defendant's prospects for a just outcome. In conclusion, New Hampshire Motion to Bifurcate Trials on Subsequent Offense of Operating under Influence and on Operation without a License is a legal request to separate the trials of two distinct charges: subsequent OUI and OWL. Bifurcation ensures the fairness of the defendant's trial rights by evaluating each offense independently, providing a better chance for a just outcome.
