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 South Carolina, consolidation of lawsuits is governed by the South Carolina 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. The court may order a joint hearing or trial of any or all the matters in question in the actions, consolidate the actions, or issue any other orders to avoid unnecessary costs or delay. The decision to consolidate is at the discretion of the court and is typically done to promote efficiency and to avoid inconsistent judgments. If the lawsuits are pending in different courts within the state, a transfer may be necessary before consolidation can occur. The process for transferring cases may involve additional procedural steps and is subject to the jurisdictional rules and venue requirements of South Carolina courts. Federal courts have a similar provision under Federal Rule of Civil Procedure 42(a) for the consolidation of cases that share common issues of law or fact, and the decision to consolidate is similarly at the discretion of the federal judge.