MBE Rules · Civil Procedure
Consolidation and Separate Trials
FRCP 42
The rule
Actions sharing a common question of law or fact may be consolidated, and the court may order separate trials of claims or issues for convenience, economy, or to avoid prejudice.
In plain English
Consolidation allows multiple cases that involve similar legal or factual questions to be combined into one trial, which can save time and resources. Conversely, separate trials can be ordered to handle different claims or issues independently, especially when it helps avoid unfairness or confusion.
Worked example
In a lawsuit involving multiple plaintiffs who all claim the same defective product caused their injuries, the court decides to consolidate their cases for trial. This decision is made to streamline the process and ensure consistent rulings on the common issue of product defectiveness.
Memory hook
Combine for efficiency, separate for clarity!
The trap
Students may confuse consolidation with joinder, thinking they are the same, but consolidation specifically refers to combining trials, not parties. They might also overlook the importance of the court's discretion in ordering separate trials.
How examiners test it
Questions often present scenarios with multiple claims or parties and ask whether consolidation or separate trials would be appropriate, testing students' understanding of the strategic implications of each option.
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