In furtherance of convenience or to avoid prejudice the court may order a severance of claims, or may order a separate trial of any claim, or of any separate issue. The court may order the trial of any claim or issue prior to the trial of the others.
§ 603.Severance and separate trials
Article 6. Joinder of Claims, Consolidation and Severance · Last amended 1963 · Last verified July 21, 2026
In one sentenceCPLR 603 lets a court sever claims or order separate trials of particular claims or issues to promote convenience or avoid prejudice, and lets the court decide the order in which those separate trials proceed.
Full Text of CPLR 603
Plain-English Summary
Joining claims together under CPLR 601 or consolidating cases under CPLR 602 can create a case too large or too tangled for one trial to handle cleanly. CPLR 603 supplies the release valve: on a showing that severance would serve convenience or would prevent prejudice to a party, the court can order a severance of claims, a separate trial of any single claim, or a separate trial of any particular issue within the case.
The court also controls the sequence. It can order that one claim or issue be tried before the others, letting a threshold question, like liability, a statute-of-limitations defense, or insurance coverage, get resolved first and potentially narrow or dispose of what's left to try.
Frequently Asked Questions
What is severance in a New York lawsuit?
Severance under CPLR 603 splits claims or issues that were joined or consolidated into separate trials, so the court can try one claim or issue apart from the rest of the case.
Why would a court order separate trials in the same case?
CPLR 603 authorizes severance to promote convenience or to avoid prejudice to a party, for example when trying every claim together would confuse the jury or unfairly disadvantage one side.
Can a court decide to try one issue before the others?
Yes. CPLR 603 lets the court order the trial of any claim or issue ahead of the others, which can resolve a threshold question before the rest of the case proceeds.
Is severance the opposite of consolidation?
In effect, yes. Where CPLR 602 merges related cases together, CPLR 603 pulls claims or issues within a case apart for separate trials.
Who can ask for severance under CPLR 603?
Either party can seek severance or a separate trial by motion, and the court decides based on convenience and the risk of prejudice.
Advisory Committee Notes
This section incorporates the relevant provisions of CPA §§ 85, 96, 258, 262, 443, 474, 475 and 702.
Amendment History
Add, L 1962, ch 308, eff Sept 1, 1963.
Source & verification. Provision text, History, and Advisory
Committee Notes are reproduced verbatim from the Consolidated Laws of New York.
Last verified July 21, 2026.
· Official source
Also known as: severance of claims New Yorkseparate trial motion NYsever claims lawsuit New Yorkorder of trial issues CPLR