Federal Rule of Civil Procedure 42 governs lawsuit consolidation and separate trials. It allows a court to consolidate actions that involve a common question of law or fact, or to order separate trials for convenience, to avoid prejudice, or to expedite proceedings. Consolidation aims to streamline litigation by handling related matters in a single trial, potentially reducing costs and avoiding conflicting judgments
Key Aspects of Rule 42:
Consolidation:
When actions before the court share common questions of law or fact, the court may consolidate them for hearing or trial, or issue other orders to save time and costs.
Separate Trials:
For efficiency or to prevent prejudice, a court can order separate trials for different issues, claims, or parties within a lawsuit.
Discretion:
Federal courts have broad discretion in deciding whether to consolidate or separate actions.
Common Questions:
Consolidation is typically appropriate when cases share common questions of law or fact, such as in toxic tort cases where multiple plaintiffs allege injury from the same event or product.
Efficiency:
Consolidating cases can save time and resources by avoiding repetitive hearings and potentially inconsistent rulings.
Strategic Considerations:
Parties should consider potential strategic benefits and drawbacks of consolidation, as it can impact discovery, trial strategy, and settlement negotiations.
In essence, Rule 42 provides courts with the tools to manage multiple related cases effectively, promoting fairness and efficiency in the judicial process