§ Rule 42 Consolidation: Separate trials

Codes > Alabama Rules of Civil Procedure > VI Trials > Rule 42

Rule 42. Consolidation: Separate trials.

    (a) Consolidation.When 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 actions; it may order all the actions consolidated; and it may make such orders concerning proceedings therein as may tend to avoid unnecessary costs or delay.

    (b) Separate trials. The court, in furtherance of convenience or to avoid prejudice, or when separate trials will be conductive to expedition and economy, may order a separate trial of any claim, cross-claim, counterclaim, or third-party claim, or of any separate issue or of any number of claims, cross-claims, counterclaims, third-party claims, or issues, always preserving inviolate the right of trial by jury as declared by Article 1, Section 11 of the Alabama Constitution of 1901.

    (dc) District court rule. Rule 42 applies in the district courts and the provisions for consolidation and separate trials provided therein should be applied liberally in recognition of the unavailability of jury trials in the district courts.