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Rule 66.01 – Consolidation

May 13, 2021 | Civil Procedure, Missouri

(a) Consolidation-Same Parties. Whenever several civil actions founded alone upon liquidated demands shall be pending in the same court by the same plaintiff against the same defendant, or whenever several such civil actions are pending in the same court by the same plaintiff against several defendants, the court in which the same shall be prosecuted may, in its discretion, if it appear expedient, order such civil actions to be consolidated into one civil action.
(b) Consolidation-Common Question of Law or Fact. When civil actions involving a common question of law or fact are pending before the court, it may order a joint hearing or trial of any or all the matters in issue in the civil actions; it may order all the civil actions consolidated; and it may make such orders concerning proceedings therein as may tend to avoid unnecessary costs or delay.
(c) Consolidation-Family Court Matters. When more than one civil action pending in the family court division of the circuit court involves the same or different members of the same family, the administrative judge of the division may assign all such actions to any judge within the division. The judge to whom the actions are assigned may consolidate any or all of such actions as may be appropriate.
(d) Consolidation-Injury to Spouse. If an injury not resulting in death is inflicted upon the person of one spouse, and causes of action therefor accrue to the injured spouse and also to the other spouse for loss of consortium or services or medical expenses, they shall be enforced in one action by both spouses if they have ever been coparties in such action or if notice is given.

If any party against whom a claim is asserted gives written notice of the pendency of the action and of the necessity to join therein to the spouse whose claim was not joined and to the attorney for the spouse upon whose behalf the lawsuit was filed, the claim of such spouse who has not been joined shall be barred unless the spouse makes application to be added as a party therein within thirty days after such notice. The spouse so required to join shall have an unconditional right to be added as a party pursuant to Rule 52.06.

(e) Notice-How Given. The notice shall be given to the attorney by first class mail, postage prepaid. The notice shall be given to the party:

(1) By personal service within or without this state with proof thereof by the return of the officer or by affidavit; or
(2) By registered or certified mail, requesting a receipt signed by addressee only, with proof thereof by the filing of the United States Postal Service receipt signed by such person.

Mo. R. Civ. P. 66.01

Amended Nov. 16, 1964, eff. July 1, 1965; amended Jan. 19, 1973, eff. Sept. 1, 1973; June 1, 1993, eff. Jan. 1, 1994; March 22, 1994, eff. Jan. 1, 1995; Sept. 26, 1995, eff. July 1, 1996.