Rules of Court · Part 4 · New Jersey
R. 4:38-2 New Jersey Rules of Court, R. 4:38-2: Separate Trials, rendered as code with every cross-reference linked
Separate Trials
(a) Severance of Claims. The court, for the convenience of the parties or to avoid prejudice, may order a separate trial of any claim, cross-claim, counterclaim, third-party claim, or separate issue, or of any number of claims, cross-claims, counterclaims, third-party claims, or issues.
(b) Separation of Liability and Damage Claims. Whenever multiple parties, issues or claims are presented in individual or consolidated actions and the nature of the action or actions is such that a trial of all issues as to liability and damages may be complex and confusing, or whenever the court finds that a substantial saving of time would result from trial of the issue of liability in the first instance, the court may on a party's or its own motion, direct that the issues of liability and damages be separately tried. Except in extraordinary circumstances, the issue of liability shall be tried first, and if the order of bifurcation otherwise directs, the reasons therefor shall be explicitly stated therein.
Note: Source-R.R. 4:43-2(a)(b). Caption of paragraph (b) amended November 5, 1986 to be effective January 1, 1987; paragraph (b) amended January 19, 1989 to be effective February 1, 1989.
Verbatim rule text, unmarked. Nothing here is a summary.
rule 4:38-2 "Separate Trials" {
(a) Severance of Claims. The court, for the convenience of the parties or to avoid prejudice, may order a separate trial of any claim, cross-claim, counterclaim, third-party claim, or separate issue, or of any number of claims, cross-claims, counterclaims, third-party claims, or issues.
(b) Separation of Liability and Damage Claims. Whenever multiple parties, issues or claims are presented in individual or consolidated actions and the nature of the action or actions is such that a trial of all issues as to liability and damages may be complex and confusing, or whenever the court finds that a substantial saving of time would result from trial of the issue of liability in the first instance, the court may on a party's or its own motion, direct that the issues of liability and damages be separately tried. Except in extraordinary circumstances, the issue of liability shall be tried first, and if the order of bifurcation otherwise directs, the reasons therefor shall be explicitly stated therein.
Note: Source-R.R. 4:43-2(a)(b). Caption of paragraph (b) amended November 5, 1986 to be effective January 1, 1987; paragraph (b) amended January 19, 1989 to be effective February 1, 1989.
}
referenced_by: 4:103-3, 4:34-2, 4:7-7
source: njcourts.gov // verbatim; changed 2025-10-10; corpus harvested 2026-09-02← R. 4:38-1 · chapter 4:38 · all rules
The Rules of Court are a government edict and carry no copyright; the text above is the Judiciary’s own publication, unchanged. Structure, links and highlighting are ours and carry no legal weight. Read the rule on njcourts.gov before you rely on it; amendments take effect each September 1.