BIFURCATE

Referring to the separation of several issues in a case so that one issue can be addressed and resolved before potentially proceeding with the other issues. For example, in criminal cases the jury must first hear and decide issues on a defendant’s guilt before deciding what punishment a defendant should receive if found guilty. In death penalty cases, the proceedings are always in two phases and are bifurcated. If the jury reaches a guilty verdict at trial, it will then proceed into the punishment phase, review and hear relevant evidence, and then decide upon a punishment to impose, such as a death sentence or life in prison without parole. Product liability class action lawsuits also use bifurcated trials where the first part deals with the issue of a manufacturer or other defendant’s liability about a defective product and, upon the finding of a guilty verdict, the question of damages is addressed. See also Rule 42(b) of the Federal Rules of Civil Procedure.