Fed. R. Civ. P. 42 — Consolidation; Separate Trials
Plain English
Rule 42 gives the judge two case-management levers. Consolidation (42(a)): if separate lawsuits share a common question of law or fact, the court can try them together — or coordinate them — to save time and money. Separate trials (42(b)): the court can split one case into parts, trying certain issues or claims separately to avoid prejudice or for efficiency — the classic example is “bifurcating” liability from damages. The one guardrail: when the court orders a separate trial, it must preserve any federal right to a jury.
Key Cases & Authority
- Fed. R. Civ. P. 42(a) — If actions share a common question of law or fact, the court may join them for hearing or trial, consolidate them, or issue orders to avoid unnecessary cost or delay.
- Fed. R. Civ. P. 42(b) — The court may order a separate trial of issues, claims, or counterclaims for convenience, to avoid prejudice, or to expedite — but must preserve any federal jury-trial right.
- Fed. R. Civ. P. 38 — Rule 42(b)’s jury-preservation clause ties back to the jury-demand right protected by Rule 38.
Florida Parallel
Florida’s parallel is Fla. R. Civ. P. 1.270 — Consolidation; Separate Trials.
About this rule walkthrough
Part of The Federal Rule Book, hosted by John M. Phillips — Board Certified Civil Trial Lawyer, Court TV analyst, admitted in 8 states + 9 federal districts + SCOTUS.
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Educational only — not legal advice.
Rule Text (verbatim from the Florida Supreme Court)
(a) Consolidation. If actions before the court involve a common question of law or fact, the court may: (1) join for hearing or trial any or all matters at issue in the actions; (2) consolidate the actions; or (3) issue any other orders to avoid unnecessary cost or delay.
(b) Separate Trials. For convenience, to avoid prejudice, or to expedite and economize, the court may order a separate trial of one or more separate issues, claims, crossclaims, counterclaims, or third-party claims. When ordering a separate trial, the court must preserve any federal right to a jury trial.
Educational reference. Educational only — not legal advice.
What this rule means in plain English
Rule 42 lets the court consolidate actions sharing a common question of law or fact and order separate trials of issues or claims for convenience or to avoid prejudice, while preserving any federal jury-trial right.