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 Delaware, the consolidation of lawsuits is governed by the Delaware Court Rules and relevant statutes. When two or more lawsuits involving the same or similar parties, legal issues, and factual issues are pending in the same court or in different courts within the state, a court may order consolidation. This is to promote judicial efficiency and to avoid inconsistent judgments. The decision to consolidate is at the discretion of the court and is typically based on whether the consolidation would serve the interests of justice and judicial economy. If the cases are pending in different courts, one case may be transferred to the other court for consolidation. The specific rules and procedures for consolidation may vary depending on whether the cases are in the Court of Chancery, Superior Court, or another Delaware state court. Additionally, federal courts have their own rules for consolidation under the Federal Rules of Civil Procedure. An attorney can provide guidance on the likelihood of consolidation in a particular case and the process for requesting or opposing such an order.