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.
A Motion to Bifurcate Trials is a legal request made in the state of New Mexico to separate trials relating to subsequent offenses of operating under the influence (OUI) and operating without a license (OWL). This motion is commonly filed in cases where an individual is charged with both offenses. By bifurcating the trials, each offense will be addressed individually in separate proceedings, allowing for a fairer and more focused examination of the specific charges. Operating under the influence (OUI) refers to the act of operating a motor vehicle while under the influence of alcohol or drugs, impairing the ability to safely operate the vehicle. In the state of New Mexico, this offense is also known as driving while intoxicated (DWI). On the other hand, operating without a license (OWL) refers to driving a motor vehicle without possessing a valid driver's license. When filing a Motion to Bifurcate Trials on subsequent offenses of OUI and OWL, it is important to consider the different types or scenarios that may arise. These could include: 1. Motion to Bifurcate Trials on Subsequent Offense of OUI and OWL for a First-Time Offender: — This motion would apply to cases where an individual is facing their first subsequent offense of OUI and OWL. The motion argues for separate trials to ensure each offense is fairly examined and the defendant's rights are protected. 2. Motion to Bifurcate Trials on Subsequent Offense of OUI and OWL for a Repeat Offender: — This motion would be relevant for cases involving individuals who have previously been convicted of OUI and OWL and are now facing subsequent offenses. It aims to prevent prejudice and ensure a fair trial by treating each offense separately. 3. Motion to Bifurcate Trials on Subsequent Offense of OUI and OWL with Different Circumstances: — This type of motion would be applicable when the subsequent offenses of OUI and OWL involve different circumstances or incidents. For example, if one offense occurred while the defendant was driving under the influence of drugs and the other offense involved an OWL violation. It is crucial to consult with a qualified attorney when considering the filing of a Motion to Bifurcate Trials in New Mexico. They can provide guidance on the specific circumstances of the case and tailor the motion to the unique requirements and laws of the state.A Motion to Bifurcate Trials is a legal request made in the state of New Mexico to separate trials relating to subsequent offenses of operating under the influence (OUI) and operating without a license (OWL). This motion is commonly filed in cases where an individual is charged with both offenses. By bifurcating the trials, each offense will be addressed individually in separate proceedings, allowing for a fairer and more focused examination of the specific charges. Operating under the influence (OUI) refers to the act of operating a motor vehicle while under the influence of alcohol or drugs, impairing the ability to safely operate the vehicle. In the state of New Mexico, this offense is also known as driving while intoxicated (DWI). On the other hand, operating without a license (OWL) refers to driving a motor vehicle without possessing a valid driver's license. When filing a Motion to Bifurcate Trials on subsequent offenses of OUI and OWL, it is important to consider the different types or scenarios that may arise. These could include: 1. Motion to Bifurcate Trials on Subsequent Offense of OUI and OWL for a First-Time Offender: — This motion would apply to cases where an individual is facing their first subsequent offense of OUI and OWL. The motion argues for separate trials to ensure each offense is fairly examined and the defendant's rights are protected. 2. Motion to Bifurcate Trials on Subsequent Offense of OUI and OWL for a Repeat Offender: — This motion would be relevant for cases involving individuals who have previously been convicted of OUI and OWL and are now facing subsequent offenses. It aims to prevent prejudice and ensure a fair trial by treating each offense separately. 3. Motion to Bifurcate Trials on Subsequent Offense of OUI and OWL with Different Circumstances: — This type of motion would be applicable when the subsequent offenses of OUI and OWL involve different circumstances or incidents. For example, if one offense occurred while the defendant was driving under the influence of drugs and the other offense involved an OWL violation. It is crucial to consult with a qualified attorney when considering the filing of a Motion to Bifurcate Trials in New Mexico. They can provide guidance on the specific circumstances of the case and tailor the motion to the unique requirements and laws of the state.
