Consolidation of lawsuits may be ordered by a court when two or more lawsuits involving the same or similar parties (plaintiff and defendant), legal issues, and factual issues are pending in the same court or in different courts in the same jurisdiction (state court system or federal court system). If the lawsuits are pending in different courts one case may be transferred to the other court, and the cases consolidated there.

Laws and rules regarding the consolidation—or transfer and consolidation—of lawsuits vary from state to state and in the federal court system.

In Alaska, the consolidation of lawsuits is governed by Alaska Rules of Civil Procedure. Rule 42(a) allows for the consolidation of actions when they involve a common question of law or fact. The court may order a joint hearing or trial of any or all the matters in issue in the actions, consolidate the actions, or issue any other orders to avoid unnecessary costs or delay. This is applicable when the cases are pending in the same court. If the cases are in different courts, a transfer may be necessary before consolidation can occur. The decision to consolidate is at the discretion of the court and is typically done to promote efficiency and to avoid inconsistent judgments. The federal court system has a similar rule, Federal Rule of Civil Procedure 42(a), which allows for consolidation of federal cases that share common issues. Whether in state or federal courts, parties may need to file a motion requesting consolidation, and the decision will be subject to the specific facts of the cases and the court's determination of whether consolidation serves the interests of justice.