NORTH CAROLINA CIVIL COURT — GENERAL MOTIONS

Motion to Consolidate Cases

Rule 42, NC Rules of Civil Procedure · Add all related case numbers, describe the common questions of law or fact, and download a court-ready PDF.
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01 ATTORNEY INFORMATION
02 LEAD / PROPOSED CONSOLIDATED CASE INFORMATION
LEAD CASE — This is the caption that will appear on the motion and the proposed consolidated matter.
03 CASES TO BE CONSOLIDATED
List all related cases to be consolidated with the lead case above. Include at least one additional case.
CASE / FILE NUMBER PARTIES (Plaintiff v. Defendant)
04 COMMON QUESTIONS OF LAW OR FACT
05 CERTIFICATE OF SERVICE
SELECTED COUNTY
— Select above —

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RULE 42 — KEY RULES

  • Rule 42(a) allows consolidation when actions involve a common question of law or fact
  • Court has discretion to order joint hearings or trials, consolidate actions, or make other orders to avoid unnecessary cost or delay
  • Full consolidation merges the actions; trial consolidation keeps them separate but tries together
  • File in all affected case numbers — each file should have a copy of the motion
  • Serve all parties in all consolidated cases, including those not represented by the filing attorney
  • Court may deny consolidation if it would prejudice a party's right to fair trial

STATUTORY REFERENCE

Rule 42(a) NCRCPConsolidation of actions
Rule 42(b) NCRCPSeparate trials
G.S. 1A-1 R. 42Consolidation; separate trials

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