Pleadings and Motions
Procedural Motions
Rule 42(a) permits consolidation of actions before the court involving a common question of law or fact, for hearing, trial, or all purposes. Consolidated cases retain separate identities unless merged.
Consolidation is discretionary.
Alternative Names:
Consolidation Motion, Motion for Consolidation
Why it Matters?
Consolidation for trial carries different consequences than consolidation for pretrial purposes, since trying multiple plaintiffs together can produce cumulative prejudice as the jury hears about several injuries attributed to the same defendant. Defendants generally favor pretrial consolidation for efficiency while opposing trial consolidation for that reason. Distinguishing the two in briefing rather than opposing consolidation generally is the more persuasive approach.
Frequently Confused with
Related terms
Frequently asked questions
Should a defendant oppose consolidation?
How should opposition be framed?
