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Moore's Federal Practice - Civil
Copyright 2017, Matthew Bender & Company, Inc., a member of the LexisNexis Group.

8-42 Moore's Federal Practice - Civil 42.syn


Federal Rules of Civil Procedure, Rule 42, Consolidation; Separate Trials


Stephan Landsman;Robert A. Clifford;updated by; Joseph C. Spero

Chapter Summary


As used in federal litigation, consolidation of actions refers to the process of uniting several actions into one trial and judgment by order of a court, where all of the actions are between the same parties, pending in the same court, and involving substantially the same subject matter, issues, and defenses. In contracts, separate trials may be necessary for convenience, to avoid prejudice, or when separate trials will be conducive to expedition and economy.

This chapter of Moore's Federal Practice first examines the basic standard used to determine whether or not cases filed in district courts should be consolidated for pretrial purposes, trial, or both. It reviews factors commonly examined to determine whether consolidation is proper, and details the types of cases where consolidation is employed. The role of general, lead, trial, and liaison counsel in consolidated cases is explored, along with the impact of consolidation on the right to jury trial. The transfer of cases from one district court to another, or within the same district, for the purpose of consolidation, is also addressed, as is appeal of an order, or orders, regarding consolidation.

This chapter next considers the basis for ordering separate trials, including the standard courts use for ordering separate trials, the appeal of an order for separate trials, the right to a jury trial in cases where separate trials have been ordered, and practical applications of the separate trial rule. Also included is a comparison with Rule 21, severance, an examination of the relationship between the separate trial rule and the case management movement, and an assessment of the sorts of cases where separate trial orders are likely to be made.

Moore's Federal Practice (Matthew Bender) is the leading source of analysis of federal court practice and procedure and has been repeatedly relied upon by federal courts around the country. It has comprehensive and authoritative analysis on federal civil, criminal, appellate, and admiralty procedure, along with the full text of the federal rules and extensive commentary and analysis of the rules and cases interpreting the rules.


Federal Rules of Civil Procedure,federal court,federal rules,federal court practice,federal civil procedure,consolidation,consolidate,separate trials,bifurcation,bifurcated,FRCP 42


For more information on case management strategies, see Ch. 16, Pretrial Conferences; Scheduling; Management.

For more information on separate trial orders and the right to trial by jury, see Ch. 38, Right to a Jury Trial; Demand and Ch. 39, Trial by Jury or by the Court.

For information on the power to retain actions in multidistrict litigation, see Chapter 112, Multidistrict Litigation.

For more information on choice of law issues, see Ch. 124, The Erie Doctrine and Applicable Law.


For more information on consolidation and separate trials, see Federal Litigation Guide, Ch. 28 Consolidation and Separate Trials (Matthew Bender) and Moore's Manual--Federal Practice and Procedure, Ch. 20, Trial Practice in General (Matthew Bender).

For more information on motions for consolidation or for separate trials, see Federal Trial Guide, Ch. 5, Non-evidentiary Motions (Matthew Bender).
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