Sample Motion to Bifurcate in California: Statute, Notice, and Order

A sample motion to bifurcate in California has three required papers under California Rules of Court, rule 3.1112 — a notice of hearing, the motion, and a memorandum of points and authorities — built on Code of Civil Procedure sections 598 and 1048(b), or Civil Code section 3295(d) if the goal is to separate punitive damages. Add a supporting declaration and a proposed order, serve the package at least 16 court days before the hearing, and get the request in no later than 30 days before trial.¹²

Which Statute to Cite

Two statutes authorize bifurcation in a California civil case, and most motions cite both. Section 598 lets the court order one issue tried before another when the convenience of witnesses, the ends of justice, or the economy and efficiency of the litigation would benefit.¹ Section 1048(b) authorizes a separate trial of any cause of action or issue to further convenience, avoid prejudice, or promote expedition and economy.³ Citing both matters because section 1048 lists “to avoid prejudice” as a standalone ground that section 598 does not.

If the motion involves punitive damages, cite Civil Code section 3295(d) instead of or alongside the other two. On a defendant’s request, the court “shall” exclude evidence of profits and financial condition until the jury has returned a verdict for actual damages and found malice, oppression, or fraud. That is mandatory, not discretionary. The same statute also blocks pretrial discovery into the defendant’s financial condition unless the court separately finds a substantial probability that the plaintiff will prevail on the punitive damages claim.⁴

Documents to Include in the Filing

Rule 3.1112 sets the floor for any noticed motion. You must file:

A notice of hearing stating the date, time, department, courthouse, and specific relief requested.
The motion itself, identifying who brings it, who it is directed to, and briefly stating the basis and relief.
A memorandum of points and authorities applying the facts to the bifurcation standards.²

Rule 3.1112(c) permits combining the motion and memorandum into a single document with both items named in the caption, which is the common practice.²

Two more documents are not required by the rule but are expected in practice:

A supporting declaration. An attorney or party declaration giving the factual basis for the motion: the estimated trial days saved, the number of experts who would be unnecessary in a liability-only phase, and any specific prejudice a combined trial would cause.
A proposed order. A draft order for the judge to sign, specifying which issues will be tried first, whether the same jury will hear both phases, and any discovery or scheduling implications.

What the Memorandum Has to Argue

Vague efficiency pitches rarely move judges. A memorandum that works does three specific things.

Quantify the savings. Not “will save time and money.” Calculate the actual difference. If the damages phase needs four experts testifying two days each, say so. If the plaintiff’s damages case involves medical records review still underway, explain how eliminating that phase (if liability fails) saves weeks of preparation.

Address prejudice directly. In a personal injury case, this is often the strongest argument for splitting liability from damages. When jurors hear graphic injury testimony before deciding whether the defendant did anything wrong, the emotional weight can distort the fault analysis. Argue that separate phases let the jury evaluate fault based on what the defendant did, not on how badly the plaintiff was hurt.

Explain why the first issue could end the case. Section 598 contemplates exactly this: when a liability-first trial produces a defense verdict, the court enters judgment immediately and no further trial takes place.¹ A court is far more likely to bifurcate when there is a genuine chance the first phase resolves everything, so a colorable defense on liability, a statute of limitations argument, or a release should be flagged.

Sample Notice of Motion Language

The notice does not need to be elaborate. It identifies the hearing, the relief sought, and the legal basis:

PLEASE TAKE NOTICE that on [date], at [time], in Department [number] of the above-entitled court, located at [courthouse address], Defendant [name] will move the court for an order bifurcating the trial of this action so that the issue of liability is tried separately from and prior to the issue of damages. This motion is made under Code of Civil Procedure sections 598 and 1048(b) on the grounds that bifurcation will promote judicial economy, avoid prejudice to Defendant, and further the convenience of witnesses. The motion is based on this notice, the accompanying memorandum of points and authorities, the declaration of [attorney name], and such other evidence and argument as may be presented at the hearing.

Adapt the language to your case. For a punitive damages bifurcation, cite Civil Code section 3295(d) and describe the relief as excluding evidence of profits and financial condition until after a verdict for actual damages and a finding of malice, oppression, or fraud.

Filing Deadlines and Service

Two separate deadlines matter. First, the request to bifurcate must be made no later than 30 days before trial, or by the close of the pretrial conference if one is scheduled.¹ Second, section 1005(b) requires that all moving papers be served and filed at least 16 court days before the hearing.⁵ Court days exclude weekends and judicial holidays, so count carefully and work backward from the hearing date you can get on calendar before the 30-day cutoff.

Service method adds time to the 16 court days:

Mail within California: add 5 calendar days.
Mail outside California but within the U.S.: add 10 calendar days.
Electronic service, fax, or overnight delivery: add 2 calendar days.⁵

Opposition papers are due at least nine court days before the hearing; reply papers at least five court days before.⁵ Miss any of these deadlines and the court will refuse to consider the papers. Section 1005 also provides that the general time-extension rule in section 1013 does not apply to motion papers, so there is no extra padding.

Expect a $60 motion filing fee under Government Code section 70617(a) when you file with the clerk, unless this is your first paper in the case and you are paying the initial filing fee at the same time.⁶

What the Proposed Order Should Spell Out

A proposed order that leaves gaps forces the judge to fill them in, which rarely goes the way the moving party hoped. Three items belong in it.

State which issues go first. “Liability” and “damages” are the common split, but if the first phase is really a statute of limitations defense or a release defense, name it that way.

Address the jury question. Under section 598, if the first phase does not resolve the case, the remaining issues proceed at whatever time the court orders, and the second phase may be heard by the same jury or a different one at the court’s discretion.¹ If you want the same jury carried through, ask for it. If you want a fresh jury for damages, ask for that. Silence hands the choice to the court.

Build in the consequence of a defense verdict. When liability is tried first and the defendant wins, section 598 directs the court to enter judgment immediately with no further trial.¹ A proposed order that tracks that language leaves nothing for the opposing party to argue about after the verdict comes in.

Federal Court Is a Different Rule

If your case sits in a California federal court rather than state court, sections 598 and 1048 do not apply. The governing authority is Federal Rule of Civil Procedure 42(b), which lets the court order separate trials for convenience, to avoid prejudice, or to expedite and economize, and requires the court to preserve any federal jury trial right. The motion format, service timing, and local filing requirements follow the Federal Rules and the local rules of the specific district, not the California procedures above.

1
California Legislative Information. California Code CCP 598
2
Judicial Branch of California. Rule 3.1112 Motions and Other Pleadings
3
California Legislative Information. California Code CCP 1048
4
California Legislative Information. California Civil Code 3295
5
California Legislative Information. California Code CCP 1005
6
Judicial Branch of California. Statewide Civil Fee Schedule Effective January 1, 2026