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 Mississippi, consolidation of lawsuits is governed by the Mississippi Rules of Civil Procedure, specifically Rule 42(a), which allows for consolidation when actions involving a common question of law or fact are pending before the court. This rule permits a court to order a joint hearing or trial of any or all the matters in question in the lawsuits or to order all the actions consolidated, and it is at the court's discretion to do so for convenience and to avoid unnecessary costs or delay. When cases are in different courts within the state, a transfer may be necessary before consolidation can occur. The decision to consolidate is case-specific and depends on the similarity of the legal and factual issues and the potential for increased efficiency. At the federal level, similar provisions for consolidation are found under Rule 42(a) of the Federal Rules of Civil Procedure. Both state and federal courts aim to handle cases efficiently and avoid conflicting outcomes, which is why consolidation is an option when cases are sufficiently similar.