The court may, when the convenience of witnesses, the ends of justice, or the economy and efficiency of handling the litigation would be promoted thereby, on motion of a party, after notice and hearing, make an order, no later than the close of pretrial conference in cases in which such pretrial conference is to be held, or, in other cases, no later than 30 days before the trial date, that the trial of any issue or any part thereof shall precede the trial of any other issue or any part thereof in the case, except for special defenses which may be tried first pursuant to Sections 597 and 597.5. The court, on its own motion, may make such an order at any time. Where trial of the issue of liability as to all causes of action precedes the trial of other issues or parts thereof, and the decision of the court, or the verdict of the jury upon such issue so tried is in favor of any party on whom liability is sought to be imposed, judgment in favor of such party shall thereupon be entered and no trial of other issues in the action as against such party shall be had unless such judgment shall be reversed upon appeal or otherwise set aside or vacated. If the decision of the court, or the verdict of the jury upon the issue of liability so tried shall be against any party on whom liability is sought to be imposed, or if the decision of the court or the verdict of the jury upon any other issue or part thereof so tried does not result in a judgment being entered pursuant to this chapter, then the trial of the other issues or parts thereof shall thereafter be had at such time, and if a jury trial, before the same or another jury, as ordered by the court either upon its own motion or upon the motion of any party, and judgment shall be entered in the same manner and with the same effect as if all the issues in the case had been tried at one time.
§ 598.Order that Trial of Issue Shall Precede Trial of Other Issues
Title 8. Of the Trial and Judgment In Civil Actions · Chapter 3. Issues—The Mode of Trial and Postponements · Last amended 1979 · Last verified July 28, 2026
In one sentenceSection 598 lets the court, on a party's motion after notice and hearing or on its own motion, order that trial of any issue precede trial of any other issue when doing so serves the convenience of witnesses, the ends of justice, or litigation efficiency, and provides that a favorable liability ruling for a defendant ends the case as to that defendant absent reversal.
Full Text of § 598
Plain-English Summary
This is the general bifurcation statute for civil trials. When trying an issue first would serve the convenience of witnesses, the ends of justice, or the economy and efficiency of handling the litigation, the court can order that issue tried ahead of any other, on a party's motion after notice and hearing, or on the court's own motion at any time. The order for a party-requested bifurcation ordinarily has to come no later than the close of the pretrial conference, or 30 days before trial if there's no pretrial conference — though special defenses under §§ 597 and 597.5 can still be tried first on their own timeline.
Liability bifurcation gets particular attention. If the issue of liability on all causes of action is tried first and the verdict or decision favors a party facing liability, judgment for that party is entered immediately, and no further trial against that party occurs unless the judgment is reversed or vacated on appeal.
If the liability decision instead goes against the party facing liability — or if the decision on any bifurcated issue doesn't produce a judgment — the remaining issues get tried afterward, before the same jury or a different one as the court directs, with judgment ultimately entered as though the whole case had been tried together.
Frequently Asked Questions
What must be shown to bifurcate a trial under § 598?
That doing so would promote the convenience of witnesses, the ends of justice, or the economy and efficiency of handling the litigation.
Is there a deadline for a party to request bifurcation?
Generally no later than the close of the pretrial conference, or 30 days before trial if there's no pretrial conference — though the court can order bifurcation on its own motion at any time, and special defenses under §§ 597 and 597.5 follow their own separate timing.
What happens if the liability issue is tried first and decided for the defendant?
Judgment for that defendant is entered immediately, and no further trial against that defendant occurs unless the judgment is reversed or vacated on appeal.
What if the liability decision goes against the defendant instead?
The remaining issues are tried afterward, and judgment is entered as if the whole case had been tried at one time.
Amendment History
Amended by Stats. 1979, Ch. 349.
Source & verification. Section text is reproduced verbatim from
the Deering's California Codes Annotated / vLex. Enacted by the California Legislature.
Last verified July 28, 2026.
· Official source
Also known as: bifurcated trial california civil caseorder of trial issues