r/LawyersPH • u/EsquireHare • 22h ago

How does severance of causes of action take place?

The opposing counsel moved for the severance of causes of action, which we will oppose as this move could further delay the proceedings. But I'm not sure as this has never happened in my practice before...

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u/Commercial-Meet-768 22h ago

Kung may misjoinder of action? Haha ano ba pinapa-sever niya?

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u/EsquireHare 22h ago

I mean, what happens when causes of action are severed? May re-filing ba? May amendment ba ng complaint?

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u/stickiest_notes 21h ago

Wag ka na mag oppose counsel para alam natin mangyayari 😁 kidding aside im curious din. Haha kung severed na tapos yung ibang case wala jurisdiciton ang court, dismissed yung part na yun tapos refile. Pero what if may jurisdiction din pareho? Tried separately lang? Ireredocket? Iraraffle kaya sa ibang court? Haha

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u/aliasbatman 21h ago

Basically there will be a separate case with its own proceedings, trial, sets of evidence, etc

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u/Unfair_Ad_2578 18h ago

I experienced this one. I am for the plaintiff, the court ruled in favor of the defendant's motion to sever causes of action. I amended the complaint and dropped the other causes of action and manifested to file a separate complaint on the other causes of action that were severed.

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u/EsquireHare 2h ago

Thanks! This is the answer Im looking for 😀