Motion to Consolidate

When the motion to consolidate is used

Timing: when two or more related cases are pending before the same court, usually early in the cases. These motions usually come early, often before or with the answer. As a result, they can end or narrow a case before discovery starts.

What the rule requires

• The actions must be before the same court and must involve a common question of law or fact.
• Consolidation is discretionary. Courts weigh efficiency against any risk of confusion or unfair prejudice.
• Cases pending in different federal districts are not consolidated under Rule 42(a). They may be transferred under 28 U.S.C. § 1404, or centralized for pretrial proceedings by the Judicial Panel on Multidistrict Litigation under 28 U.S.C. § 1407.

In practice, read each requirement closely. Then check whether your court adds anything of its own. For example, many courts set page limits, formatting rules or a duty to confer with the other side first.

You can read the full text of Fed. R. Civ. P. 42(a) online. Also, the federal judiciary publishes the current rules and recent amendments.

The motion to consolidate in state court

State courts follow their own rules of procedure. Many states model their rules on the federal rules, so you will often find a similar motion to consolidate procedure. However, the name, the deadline and the required form can differ. Therefore, look up the matching rule in your state’s rules of civil procedure. Also read your court’s local rules. Our state procedures guide links to each state’s official rules.

Key terms

In addition, these terms come up often with this procedure:

• Consolidation: joining two or more separate cases that involve a common question of law or fact, so they are heard or tried together. Federal Rule of Civil Procedure 42(a) allows it.

Related procedures

Similarly, these procedures often come up alongside it:

• Motion to Sever or for Separate Trials: a request to split claims or parties apart. Under Rule 42(b), the court may order a separate trial of one or more issues, claims, crossclaims, counterclaims or third-party claims for convenience, to avoid prejudice, or to expedite and economize. Under Rule 21, the court may also sever any claim against a party.
• Motion to Transfer Venue: a request to move a case to another federal district or division.
• Joinder of Parties (Required and Permissive): the rules for who must, and who may, join as parties in one lawsuit.

Before you rely on this page

First, read the current text of the rule. After that, check your court’s local rules and any standing order from the judge. In addition, look at recent decisions from your own court. They show how judges apply the rule in practice. For advice about your own case, speak with a licensed attorney, for example through our directory.

State court procedure for this filing

The federal rule above applies in federal court. In state court, the same filing is governed by that state's own rules of civil procedure, statutes and local court rules. Many states model their rules on the Federal Rules of Civil Procedure, so the requirements are often similar, but names, numbers, deadlines and forms can differ. Always use the version that applies to the court where your case is filed.

Find the rule in your state

In your state's rules, look for the rule on motion to consolidate. In states that number their rules like the federal rules, it is often the same rule number as the federal rule.