N.Y. Comp. Codes R. & Regs. Tit. 22 § 202.42 - Bifurcated trials
(a)
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.
(b) Where a bifurcated trial is ordered,
the issues of liability and damages shall be severed and the issue of liability
shall be tried first, unless the court orders otherwise.
(c) During the voir dire
conducted prior to the liability phase of the trial, if the damage phase of the
trial is to be conducted before the same jury, counsel may question the
prospective jurors with respect to the issue of damages in the same manner as
if the trial were not bifurcated.
(d) In opening to the jury on the
liability phase of the trial, counsel may not discuss the question of damages.
However, if the verdict of the jury shall be in favor of the plaintiff on the
liability issue or in favor of the defendant on any counterclaim on the
liability issue, all parties shall then be afforded an opportunity to address
the jury on the question of damages before proof in that regard is presented to
the jury.
(e) In the
event of a plaintiff's verdict on the issue of liability or a defendant's
verdict on the issue of liability on a counterclaim, the damage phase of the
trial shall be conducted immediately thereafter before the same judge and jury,
unless the judge presiding over the trial, for reasons stated in the record,
finds such procedures to be impracticable.
Notes
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