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 Utah, the consolidation of lawsuits is governed by the Utah Rules of Civil Procedure, specifically Rule 42. This rule allows for the consolidation of actions when there are common questions of law or fact to promote efficiency and avoid unnecessary costs or delay. The court can order a joint hearing or trial of any or all the matters in issue in the lawsuits, or it can order the lawsuits to be consolidated, which means they are merged into a single action. The decision to consolidate is at the discretion of the court and is typically done to streamline the process and prevent inconsistent judgments. If the lawsuits are in different courts within the state of Utah, a transfer may be necessary to consolidate them in one court. The process for transferring cases may involve coordination between the courts to ensure that the case is moved to the appropriate venue for consolidation. Federal courts have a similar provision under the Federal Rules of Civil Procedure, Rule 42, which allows for consolidation when cases involve common questions of law or fact.