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Splitting a claim means dividing a single or indivisible claim or cause of action into separate parts and bringing separate suits upon it, either in the same court, or in separate courts or jurisdictions. Under the "entire controversy" doctrine, a party who has elected not to raise a related part of the controversy is barred from raising it in a subsequent proceeding. There is a general rule against such splittings, although there are some exceptions.
Consent or tacit agreement is clear justification for splitting a claim. Because a primary purpose of claim preclusion is to protect defendants from being harassed by repetitive actions based on the same claim, the rule need not be enforced where the parties have implicitly consented to the splitting of the claim under state and federal laws.
The following is an example of a federal administrative law dealing with splitting a claim:
Sec. 842.9 Splitting a claim.