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Rule 42 – Consolidation-separate Trials

May 14, 2021 | Civil Procedure, North Dakota

(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 or to avoid prejudice, 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 right to a jury trial.

N.d. R. Civ. P. 42

Joint Procedure Committee Minutes of January 29-30, 2009, page 34; November 29-30, 1979, page 11; Fed.R.Civ.P. 42.

EXPLANATORY NOTE Rule 42 was amended, effective March 1, 2011. Rule 42 is derived from Fed.R.Civ.P. 42. Rule 42 was amended, effective March 1, 2011, in response to theDecember 1, 2007, revision of the Federal Rules of Civil Procedure. The language and organization of the rule were changed to make the rule more easily understood and to make style and terminology consistent throughout the rules. STATUTES AFFECTED: SUPERSEDED: Section 28-1213, 28-1215, NDRC 1943.

Rule 54 (Judgment Costs), N.D.R.Civ.P.