Rule 42: Consolidation; Separate Trials

Rule 42 gives the court flexibility to manage related cases and complex litigation efficiently. When multiple cases pending before the same judge share common questions, the court can consolidate them — merging them for purposes of discovery, pretrial proceedings, trial, or all of the above. Consolidation does not merge the cases into one; they remain separate actions but are handled together.

Conversely, when a single case involves claims or issues that would be better tried separately — because of jury confusion, prejudice, or efficiency — the court can order separate trials under Rule 42(b). For example, if a case involves both liability and damages issues, the court might try liability first, and only proceed to damages if the plaintiff wins on liability.

The court has broad discretion in managing its docket through consolidation and separation. The key considerations are prejudice, convenience, expedition, and economy.