In one sentenceRule 42 lets a court consolidate actions that share a common question of law or fact, or order separate trials of particular issues or claims, while preserving any right to a jury trial.
aConsolidation. If actions before the court involve a common question of law or fact, the court may:
1Join for hearing or trial any or all matters at issue in the actions;
2Consolidate the actions; or
3Issue any other orders to avoid unnecessary cost or delay.
bSeparate trials. For convenience, to avoid prejudice, or to expedite and economize, 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.
Amendment History
Promulgated by R-16-0010, effective January 1, 2017.
Plain-English Summary
When two or more pending actions raise a common question of law or fact, Rule 42 gives the court several tools short of a full merger: it can join the actions for a single hearing or trial, consolidate them outright, or enter any other order needed to avoid unnecessary cost or delay. Consolidation is a matter of docket management rather than a merger of the underlying claims, so each case keeps its own identity even while the court manages them together.
The rule also runs in the opposite direction, letting the court split a single case apart. For convenience, to avoid prejudice, or to expedite and economize, the court may order separate trials of particular issues, claims, crossclaims, counterclaims, or third-party claims — splitting liability from damages, for example. Whichever direction the court goes, it must preserve any party's right to a jury trial on the issues involved.
Frequently Asked Questions
What does it take for a court to consolidate two cases?
The actions need to share a common question of law or fact. From there, the court has discretion to join them for hearing or trial, consolidate them, or issue whatever other order avoids unnecessary cost or delay.
Does consolidation merge two lawsuits into one case?
No. Consolidation lets the court manage related actions together, but each retains its own separate identity.
Can a court split liability and damages into separate trials?
Yes, when doing so serves convenience, avoids prejudice, or helps expedite and economize the proceedings, as long as any right to a jury trial on those issues is preserved.
Source & verification. The rule text and History are reproduced verbatim from the
official Arizona Rules of Civil Procedure (Ariz. R. Civ. P. 42). Prescribed by the Supreme Court of Arizona (Ariz. Const. art. 6, § 5). The plain-English summary is original and written by us. Last verified July 1, 2026. ·
Official source
Also known as:consolidationseparate trialsbifurcation