§ Civ R 42 Consolidation; separate trials

Civ R 42 Consolidation; separate trials

(A) Consolidation

(1) Generally. When actions involving a common question of law or fact are pending before a court, that court after a hearing may order a joint hearing or trial of any or all the matters in issue in the actions; it may order some or all of the actions consolidated; and it may make such orders concerning proceedings therein as may tend to avoid unnecessary costs or delay.

(2) Asbestos, silicosis, or mixed dust disease actions. In tort actions involving an asbestos claim, a silicosis claim, or a mixed dust disease claim, the court may consolidate pending actions for case management purposes. For purposes of trial, the court may consolidate pending actions only with the consent of all parties. Absent the consent of all parties, the court may consolidate, for purposes of trial, only those pending actions relating to the same exposed person and members of the exposed person's household.

(3) As used in division (A)(2) of this rule:

(a) “Asbestos claim” has the same meaning as in section 2307.91 of the Revised Code;

(b) “Silicosis claim” and “mixed dust disease claim” have the same meaning as in section 2307.84 of the Revised Code;

(d) In reference to a silicosis claim or a mixed dust disease claim, “tort action” has the same meaning as in section 2307.84 of the Revised Code.

(B) Separate trials

The court, after a hearing, in furtherance of convenience or to avoid prejudice, or when separate trials will be conducive 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, or third-party claims, or issues, always preserving inviolate the right to trial by jury.