(a) Severance of Claims. The court, for the convenience of the parties or to avoid prejudice, may order a separate trial of any claim, cross-claim, counterclaim, third-party claim, or separate issue, or of any number of claims, cross-claims, counterclaims, third-party claims, or issues.
Rule 4:38-2.Separate trials
Last amended February 1, 1989 · Current through June 18, 2026 · Last verified July 7, 2026
In one sentenceRule 4:38-2 lets a court order a separate trial of any claim or issue to avoid prejudice or save time, and specifically allows splitting liability from damages, with liability tried first except in extraordinary circumstances.
Full Text of Rule 4:38-2
(b) Separation of Liability and Damage Claims. Whenever multiple parties, issues or claims are presented in individual or consolidated actions and the nature of the action or actions is such that a trial of all issues as to liability and damages may be complex and confusing, or whenever the court finds that a substantial saving of time would result from trial of the issue of liability in the first instance, the court may on a party’s or its own motion, direct that the issues of liability and damages be separately tried. Except in extraordinary circumstances, the issue of liability shall be tried first and if the order of bifurcation otherwise directs, the reasons therefor shall be explicitly stated therein.
Amendment History
New Jersey publishes each rule’s amendment record in a “History” note beneath the rule. It is reproduced verbatim below; the “R.R.” citations refer to the former Revised Rules numbering the current rules replaced.
Source-R.R. 4:43-2(a) (b). Caption of paragraph (b) amended November 5, 1986, to be effective January 1, 1987; paragraph (b); amended January 19, 1989 to be effective February 1, 1989.
Plain-English Summary
Not every claim in a lawsuit needs to go to the jury together. For the parties' convenience or to avoid prejudice, the court may sever and separately try any claim, cross-claim, counterclaim, third-party claim, or discrete issue.
The most common use is splitting liability from damages: when a case's mix of parties, issues, or claims threatens to make one trial confusing, or when trying liability first would meaningfully save time, the court may bifurcate. Liability goes first except in extraordinary circumstances, and an order splitting the trial that way has to explain why.
Frequently Asked Questions
Can a New Jersey court try liability and damages separately?
Yes. The court may bifurcate a trial into liability and damages phases when doing so would avoid confusion or save substantial time, and liability is tried first except in extraordinary circumstances.
On what grounds can a court order separate trials of different claims?
For the convenience of the parties or to avoid prejudice, the court may order a separate trial of any claim, cross-claim, counterclaim, third-party claim, or issue.
Source & verification. The rule text and amendment history are reproduced verbatim from the
official New Jersey Rules of Court (N.J. Ct. R. 4:38-2). Prescribed by the Supreme Court of New Jersey (N.J. Const. art. VI, § 2, ¶ 3). The plain-English summary is original and written by us. Last verified July 7, 2026. ·
Official source
Also known as: bifurcated trialbifurcationseparate trials on liability and damagesseverance of claims