Vanderbilt Law Review

Article Title

Severance--A Means of Minimizing the Role of Burden and Expense in Determining the Outcome of Litigation


The desirability of severance in a particular case should be measured by the likelihood that it will achieve this end. Therefore, this article is divided into two main parts. First, it is assumed that the controlling question is how severance affects the likely outcome of litigation by altering the normal incidence of expense and burden. Then the article examines the question of whether there are overriding considerations (particularly the need for "tempering" by reference to the entire controversy) which require that severance be withheld even if dictated by considerations of economy.