Defendant Benjamin J. Remington, M.D.’s Motion to Bifurcate Trial on Statute of Limitations (Code Civ. Proc. §§598, 597, 597.5) - GRANTED.
The parties are in agreement that the defense is entitled to a separate initial trial on the statute of limitations defense pursuant to Code Civ. Proc. §597.5. The parties are also in agreement that both phases of the matter should be tried to the same jury. The Court, therefore, grants the motion and bifurcates the trial into two phases, the first of which will focus on the statute of limitations. Liability, damages, and all other elements of Plaintiffs’ claims will be tried in a separate second phase. Both phases will be tried to the same jury. In order to assist the jury and minimize confusion, the Court further finds that each phase should have separate opening statements, presentations of evidence, closing arguments, jury instructions, and verdicts.
Hearing Date
April 28, 2021
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Defendant Benjamin J. Remington, M.D.’s Motion to Bifurcate Trial on Statute of Limitations (Code Civ. Proc. §§598, 597, 597.5) - GRANTED.
The parties are in agreement that the defense is entitled to a separate initial trial on the statute of limitations defense pursuant to Code Civ. Proc. §597.5. The parties are also in agreement that both phases of the matter should be tried to the same jury. The Court, therefore, grants the motion and bifurcates the trial into two phases, the first of which will focus on the statute of limitations. Liability, damages, and all other elements of Plaintiffs’ claims will be tried in a separate second phase. Both phases will be tried to the same jury. In order to assist the jury and minimize confusion, the Court further finds that each phase should have separate opening statements, presentations of evidence, closing arguments, jury instructions, and verdicts.