Compulsory counterclaims may not be severed. The action for divorce and division of the parties’ estate may not be severed.
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Include the following notice if a minor is named in the caption or if the motion contains other unredacted sensitive data. See § 6 of the Introduction in volume 1 of this manual concerning protection of sensitive data in filed documents. |
NOTICE: THIS DOCUMENT
CONTAINS SENSITIVE DATA
[Caption. See § 3 of the Introduction in volume 1 of this manual.]
Motion for Severance
This Motion for Severance is filed by [name of movant], [party designation], who shows in support:
1.This is a divorce action in which a divorce of the parties, a division of their property, and provision for the conservatorship and support of their child[ren] are sought. The claim of [name of party], Intervenor, against [name] relates to [describe the nature of the intervening action] and constitutes a complete cause of action in and of itself and can stand alone as a separate lawsuit.
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If ground for motion is improper joinder, include 2. |
2.The claim of [name] against [name] relating to [describe nature of action] is improperly joined in this action, in that [describe circumstances showing improper joinder of claim, e.g., the claims involve different parties, the claims do not arise out of the same transaction, occurrence, or series of transactions or occurrences and do not involve common questions of law or of fact, and the issues to be tried with respect to each claim are diverse and different].
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If ground for motion is prejudice to movant, include 3. |
3.It would be prejudicial and cause undue hardship, expense, and delay to [name of movant] to require [him/her] to participate in a trial of all claims joined in this action, in that [describe circumstances giving rise to prejudice, e.g., [name of movant] is prepared for trial on the cause relating to its claim and the other parties are not prepared for trial on their respective causes. Consequently, the trial of [name of movant]’s claim will be delayed for an undue period unless severance is ordered. This delay will prejudice [name of movant] because [his/her] action is [for grandparent possession of or access to the child[ren]/an action to recover for debt against both parties/[other description]]].
[Name of movant] prays that the Court grant this motion and order the cause of action between [name] and [name] relating to [describe cause of action] be severed, made the subject of a separate suit, and assigned its own cause number on the docket of this Court.
[Name]
Attorney for [name of movant]
State Bar No.:
[E-mail address]
[Address]
[Telephone]
[Fax]
Notice of Hearing
The above motion is set for hearing on __________________ at ____________ __.m. in [designation and location of court].
SIGNED on ________________________________.
Judge or Clerk
Certificate of Service
I certify that a true copy of this [document/[title of document]] was served in accordance with rule 21a of the Texas Rules of Civil Procedure on the following on [date]:
[Name of attorney of record or party to be served] by [electronic filing manager/e-mail at [e-mail address]/fax at [fax number]/personal delivery at [address]/commercial delivery service at [address]/certified mail at [address]/first-class mail at [address]]. [Repeat for each attorney of record or party to be served.]
[Name]
Attorney for [name of movant]