California

Civil Procedure

Civil Procedure

Rule 3.350 – Consolidation of cases

(a) Requirements of motion

(1) A notice of motion to consolidate must:

(A) List all named parties in each case, the names of those who have appeared, and the names of their respective attorneys of record;
(B) Contain the captions of all the cases sought to be consolidated, with the lowest numbered case shown first ; and
(C) Be filed in each case sought to be consolidated.
(2) The motion to consolidate:

(A) Is deemed a single motion for the purpose of determining the appropriate filing fee, but memorandums, declarations, and other supporting papers must be filed only in the lowest numbered case;
(B) Must be served on all attorneys of record and all nonrepresented parties in all of the cases sought to be consolidated; and
(C) Must have a proof of service filed as part of the motion.
(b) Lead case

Unless otherwise provided in the order granting the motion to consolidate, the lowest numbered case in the consolidated case is the lead case.

(c) Order

An order granting or denying all or part of a motion to consolidate must be filed in each case sought to be consolidated. If the motion is granted for all purposes including trial, any subsequent document must be filed only in the lead case.

(d) Caption and case number

All documents filed in the consolidated case must include the caption and case number of the lead case, followed by the case numbers of all of the other consolidated cases.

Cal. R. Ct. 3.350

Rule 3.350 amended and renumbered effective January 1, 2007; adopted as rule 367 effective January 1, 1984; previously amended effective July 1, 1999.