Florida Motion to Bifurcate Trials on Subsequent Offense of Operating under Influence and on Operation without a License

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Bifurcation is the act of dividing a trial into two parts for various reasons like convenience, to avoid prejudice, or to expedite and economize. Frequently, civil cases are bifurcated into separate liability and damages proceedings. Criminal trials are also often bifurcated into guilt and sentencing phases.


Severance of actions may be allowed in the court's discretion either to permit a separate trial for some of the parties or a separate trial of properly joined causes of action. Usually, severance is requested by a defendant, but a plaintiff will be granted a severance under proper circumstances. The basic reason for granting a severance is that prejudice is likely to result from a joint trial. Severance should be permitted where the defendants' interests are hostile, where the action against them is not based on the same legal liability, or where a joint trial would involve the submission of very complex and abstruse questions to the jury and would materially affect the substantial rights of the parties.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

Bifurcate, in the legal sense, is the dividing of a case into two stages for trial. A common division is to determine liability or guilt in the first stage and damages or punishment in the second.

Bifurcated trial means that the trial is conducted in two stages. A common division is to determine liability or guilt in the first stage and damages or penalties in the second.

Bifurcation is the separation of one or more issues in a case. The California Rules of Court: Rule 5.390 provides for the separate trial of 13 issues, if a quicker resolution of a family law matter may help move proceedings along: Postnuptial or prenuptial agreement validity.

The term ?bifurcation? normally refers to the separation of certain issues in the case, while ?severance? normally refers to the removal of claims or parties. When issues are bifurcated, the issues typically remain part of the same case; they are just tried separately.

(a) Request for order to bifurcate A party requesting a separate trial or responding to a request for a separate trial must complete Application or Response to Application for Separate Trial (form FL-315).

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Florida Motion to Bifurcate Trials on Subsequent Offense of Operating under Influence and on Operation without a License