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 Maine, the consolidation of lawsuits is governed by the Maine Rules of Civil Procedure, specifically Rule 42. This rule allows a court to order a consolidation of lawsuits when there are common questions of law or fact to promote efficiency and avoid inconsistent judgments. The decision to consolidate is at the discretion of the court and is typically considered when the cases involve the same parties, similar legal issues, and factual circumstances. If the lawsuits are pending in different courts within the state, a transfer may be ordered to consolidate the cases in one court. The process for consolidation in federal courts is similar and is governed by the Federal Rules of Civil Procedure, Rule 42. Both state and federal courts aim to streamline the legal process and reduce the burden on the parties and the judicial system through consolidation when appropriate.