2006-09-13 00:00:03 · 4 answers · asked by rbroderick1@verizon.net 1 in Politics & Government ➔ Law & Ethics
Jena is smart- what happens is what happens with ANY motion; the COurt grants or denies it
2006-09-13 01:15:27 · answer #1 · answered by Anonymous · 0⤊ 0⤋
A motion to sever means to slit one trial into two separate trials.
This can happen in either a civil case or in a criminal case.
There are various reasons for the motion to sever, but it is usually because one side (whoever brought the motion) thinks they have a better chance of willing at separate trials, rather than dealing with all of the issues at one trial.
The motion is brought before the judge, along with supporting law and reasons why it should be granted. If the other side opposes it, they will argue why the trial should be left combined. The judge will listen to the arguments, and review all of the legal briefs. And they reach a decision.
Depending upon how complex the decision is, the judge may issue their ruling immediately at the hearing, or some time later. Then, either one or more than one trial proceeds from there.
When you say "the person that has to go", that generally means one of the parties or defendants in the case. Nothing happens to them, as this is purely a procedural hearing. However, depending on the reasons for severance, the person may be asked some questions by the judge, or may take the witness stand to answer questions. The same would apply if "the person" was simply a witness called to provide information that the judge needs to make the decision.
But, since this is purely a procedural hearing, very little happens beyond the attorneys explaining the relevant points of law.
2006-09-13 12:19:05 · answer #2 · answered by coragryph 7 · 0⤊ 0⤋
I would need a little more info in order answer that question. I don't know the context in which it is being requested. A motion to sever can be requested in both a criminal and civil trial. For example, the attorney may be requesting to sever a criminal trial with multiple defendants or offenses. Or, maybe he is attempting to sever or separate claims in a civil case? Without more info, I really can't help you. Sorry!
2006-09-13 07:30:26 · answer #3 · answered by Jena W 2 · 0⤊ 0⤋
A lot of trouble
2006-09-16 15:50:40 · answer #4 · answered by S B 2 · 0⤊ 0⤋