South Carolina 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

In some situations the court will grant a divorce but save other issues (such as child custody, child support, property division, and alimony) to be resolved later. This process is called bifurcation.

Bifurcation usually reduces the amount of time the first trial will take since evidence of damages will not need to be (and in fact is forbidden to be) produced, again saving resources and money. It is conceivable that the cost of the two smaller trials will end up the same, or even less, than one longer trial.

In the U.S., bifurcation often refers to the number of separate stages of a trial that the jury oversees and in which it makes a determination. And yet, the archetypical American criminal trial involves a jury making a determination of guilt, and the judge making a determination of sentence.

Bifurcation is a judge's ability in law to divide a trial into two parts so as to render a judgment on a set of legal issues without looking at all aspects. Frequently, civil cases are bifurcated into separate liability and damages proceedings.

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.

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