Bifurcation (law)
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Bifurcation is a judge's ability in law to divide a
In divorce cases, some states allow bifurcation, that permits a divorce case to be finalized with certain aspects, such as property, to be dealt with after dissolution. Some states permit bifurcation, some do not allow it, and some state statutes do not address the issue.
In arbitration, bifurcation can be used to get past certain issues, that might otherwise stall negotiations, concluding certain points that are agreed upon, while working on a solution to whatever problem initiated the need for bifurcation.
Bifurcation under the Federal Rules of Civil Procedure
In Federal Court, judges have wide discretion to structure trials. Factors evaluated will include congruence of issues, complexity for the jury, and possible prejudice to any of the parties. American Federal Rules of Civil Procedure, Rule 42(b) allows the court to decide issues contained in separate trials.[2]
Bifurcation under state procedure
State procedures differ widely.
In some states, a
Bifurcation in divorce
States have historically taken different views on bifurcation but most state statutes do not address the subject.
Bifurcation in arbitration
Arbitral tribunals may bifurcate proceedings into separate stages in cases involving complex issues, to allow for a decision on one phase before considering issues relevant to another phase (for instance, jurisdiction, merits, damages), in the interests of
References
- ^ "bifurcated trial". LII / Legal Information Institute. Retrieved 2021-06-21.
- ^ "Rule 42. Consolidation; Separate Trials". LII / Legal Information Institute. Retrieved 2021-06-21.
- ^ bifurcation in divorce – Retrieved 2012-03-10
- ^ "Art. 23(3) UNCITRAL Rules".
- ^ Use of bifurcation[permanent dead link] – Retrieved 2012-03-10