§ Form33 Motion to Drop Defendant or for Severance of Claims

Codes > Alabama Rules of Civil Procedure > Appendix I > Form33 Motion

Form33. Motion to Drop Defendant or for Severance of Claims.

    Defendant, __________, moves the court for an order dropping him as a party defendant herein or in the alternative for an order severing the claim asserted against him by plaintiff herein from the claim asserted against defendant __________, on the grounds that:

    1. The alleged claim asserted against defendant __________ does not arise from the same transaction, occurrence, or series of transactions or occurrences, as the claim asserted against defendant ______; nor do the two alleged claims involve questions of law or fact common to both defendants.

    2. The moving defendant will be put to undue expense and embarrassment if he is required to proceed with his defense without a severance of the issues.

    3. The trial of action will be embarrassing and the jury confused by a joint trial of the claims asserted against the two defendants herein, all to the prejudice of the losing defendant.

_____________________________________,

Attorney for Defendant.

Address: _____________________________________.