New York State Court Clerk Practice Exam 2025 – The All-in-One Guide to Master Your Court Clerk Certification!

The correct answer is that the court can order the severance of a claim, counterclaim, or cross motion at any time. This flexibility allows the court to manage cases effectively and ensure that issues can be separated to promote judicial efficiency and fairness. The court may determine that severance is necessary to avoid confusion, prevent prejudice to either party, or streamline the trial process. By having the authority to sever claims at any stage of the legal proceedings, the court can partake in adjusting the course of litigation based on the development of the case and the interests of justice.

The other options do not accurately reflect the provisions outlined in the CPLR regarding severance. While severance can certainly occur before a trial, limiting it solely to that timeframe would not capture the full scope of the court’s authority. Similarly, asserting that severance can only happen after the first hearing or during mediation would restrict the court's ability to make timely decisions as circumstances evolve throughout the litigation process.