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 West Virginia, the consolidation of lawsuits is governed by the West Virginia 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 convenience and efficiency. The court can order a joint hearing or trial of any or all the matters in issue in the actions; it can order all the actions consolidated; or it can make such other orders concerning proceedings therein as may tend to avoid unnecessary costs or delay. The decision to consolidate is at the discretion of the court and is typically used to avoid duplication of evidence, to save time, and to ensure consistency in the rulings. When cases are in different courts within the state, a transfer may be necessary before consolidation can occur. The process for transferring and consolidating cases may involve coordination between the courts to determine the most appropriate venue for the consolidated proceedings. Federal courts follow a similar but separate set of rules under the Federal Rules of Civil Procedure, which also allow for consolidation when there are common issues of law or fact.