Bifurcation:

A Powerful but Underutilized Tool in South Carolina Civil Litigation

Author: Derek A. Shoemake
Published: 59 S.C. L. Rev. 433 (2008)
Studies have shown that bifurcation, the separation of liability and damages for independent evaluation, enhances judicial economy, reduces prejudice for both plaintiffs and defendants, and leads juries to appropriately use evidence. However, South Carolina, based on an historical aversion to the practice, prohibits bifurcation in all but the clearest of cases. This Comment explores the contours of bifurcation in South Carolina and examines how courts can effectively employ this powerful tool in civil litigation.