Given the benefits to the parties, jurors and the court system of trials that are as short as fairness permits, judges ought to be given express authority, by rule, to impose reasonable time limits on trials or portions of trials. Nonetheless, the committee recommends that language be added to the appropriate rules in order to make explicit what is now only implicit. Guidelines for Severance in Complex Cases are Needed Existing authority to sever parties or claims for trial purposes ought to be utilized more often, at least in especially lengthy trials or trials in complex cases, to keep trial time to a minimum and to reduce juror overload and confusion. The Supreme Court should promulgate guidelines for severance for the benefit of trial judges. Severance of multiple claims or counts, parties or issues for purposes of trial before the same jury or two or more juries could well shorten the overall time needed for trial and contribute to jury comprehension.
Clear authority exists for severance of parties, claims and defenses for trial purposes.
However, the committee concluded that severance for trial ought to be considered in more cases, if only for purposes of reducing time and confusion. On the civil side the trial court should at least consider bifurcation of liability and damages in more cases than is presently done. The Supreme Court could facilitate this kind of intelligent trial management by trial judges by promulgating guidelines for severance of parties and issues, either in the form of official comments to existing rules, additions to the Uniform Rules of Procedure for the Superior Court or as an addition to the Arizona Jury Management Standards. A study should be undertaken of the relative advantages and disadvantages of various options for hours of trial. In Maricopa County, at least, only three to four hours per day are devoted to jury trials, especially in the criminal divisions.