Christopher R Theobalt

March 31, 2023 | New York Law Journal

The actual rule is that set out in 22 NYCRR Section 202.42(a), which instructs that, "judges are encouraged to order a bifurcated trial of the issues of liability and damages in any action for personal injury where it appears that bifurcation may assist in a clarification or simplification of issues and a fair and more expeditious resolution of the action." Thus, bifurcation is the rule nowhere but is the highly encouraged policy everywhere—even in the First Department.

By Christopher R. Theobalt and Timothy R. Capowski

6 minute read