Current through June 1, 2026 · Last verified July 10, 2026
In one sentenceRule 42.1 creates a statewide Panel that can transfer civil actions sharing a common question of law or fact from different judicial districts to a single judge for hearing or trial, so overlapping cases move forward together instead of duplicating effort in separate courtrooms.
(1)“Panel” means the Panel on Consolidated Multidistrict Litigation. The Panel shall consist of not less than three nor more than seven district judges designated from time to time by the Chief Justice, no two of whom shall be from the same judicial district. One of the judges shall be appointed as Chairman by the Chief Justice. The Panel may sit in departments of three or more, as designated by the Chairman of the Panel. The concurrence of a majority of the members sitting in department shall be necessary to any action by the Panel, except that the chair may approve stipulations and recommend consolidation or order dismissal consistent with those stipulations, may rule on motions of a procedural nature, and may deny consolidation when it appears from the face of the motion that the panel does not have jurisdiction to recommend consolidation.
(2)“Clerk” means the Clerk of the Panel. The Clerk of the Colorado Supreme Court shall be the Clerk of the Panel.
(b)Transfer. When actions involving a common question of law or fact are pending in different judicial districts, such actions may be transferred to any judge for hearing or trial of any or all of the matters in issue in any action, provided however, (1) any jury trial shall be held in the place prescribed by Rule 98 C.R.C.P.; and (2) such actions shall be consolidated only as permitted by Rule 42 C.R.C.P.
(c)Initiation of Proceedings. Proceedings for the transfer of an action under this rule may be initiated by:
(1)The Panel upon its own initiative or upon the request of any court; or
(2)Upon a motion filed with the Panel by a party in any action in which transfer under this rule may be appropriate, which motion shall not be entertained unless filed more than 91 days (13 weeks) next preceding any trial date set in the affected actions, unless a showing of good cause is made. A copy of such motion shall be filed in the district court in which the moving party's action is pending.
(d)Order to Show Cause; Hearing; Response. When the transfer of multidistrict litigation is being considered, an order shall be entered by the Panel directing the parties in each action to show cause why the action or actions should not be transferred. A hearing shall be set at the time the show cause order is entered. Any party may file a response to the show cause order and an accompanying brief within 14 days after the order is entered, unless otherwise provided in the order. Within 7 days of receipt of a party's response or brief, any party may file a reply brief limited to new matters.
(1)Except by permission of the Panel, briefs shall not exceed five (5) pages, exclusive of appendices. An original of each brief shall be filed with the Clerk of the Panel.
(2)Each side shall be allowed fifteen (15) minutes of oral argument at the hearing, unless extended by the Panel.
(e)Pending Motion or Order to Show Cause; No Effect. The pendency of a motion or order to show cause before the Panel concerning the transfer of an action pursuant to this rule shall not affect or suspend proceedings and orders in the district court and does not limit the jurisdiction of that court.
(f)Orders of Panel. The Panel may enter such orders as are appropriate including but not limited to staying proceedings in all actions until a determination is made whether the actions should be transferred under the rule and setting any matter for hearing.
(g)Standards Governing Transfer. Transfer of civil actions sharing a common question of law or fact is appropriate if one judge hearing all of the actions will promote the ends of justice and the just and efficient conduct of such actions. The factors to be considered shall include, but shall not be limited to, the following: (1) whether the common question of fact or law is predominating and significant to the litigation; (2) the convenience of the parties, witnesses and counsel; (3) the relative development of the action and the work product of counsel; (4) the efficient utilization of judicial facilities and manpower; (5) the calendar of the courts; (6) the disadvantages of duplicative and inconsistent rulings, orders or judgments; and (7) the likelihood of settlement of the actions without further litigation should transfer be denied.
(h)Certification to Chief Justice. Upon the determination by the Panel that the actions should be transferred under this rule, the Panel shall certify the actions to the Chief Justice and recommend the assignment of a specific judge to hear the actions.
(i)Appellate Review; Assignment of Judge. No proceedings for review of any certification order or other order entered by the Panel shall be permitted except as permitted by Rule 21 C.A.R. If no original proceedings are commenced in the Supreme Court or a show cause order is not issued by the Supreme Court within 21 days after entry of the certification order by the Panel, the Chief Justice shall assign the actions to a judge.
(j)Other Cases; Transfer by Clerk. Upon learning of the pendency of a civil action apparently sharing common questions of law or fact with actions previously transferred under this rule, an order may be entered by the Clerk transferring the action to the assigned judge. A copy of the order shall be served on each party to the litigation. The order shall not become final until 14 days after entry thereof. Any party opposing the transfer shall file a notice of opposition with the Clerk within 14 days from the date the order is entered. The notice of opposition shall be supported by a brief. Any party shall have 14 days to file an answer brief. The filing of a notice of opposition and brief shall suspend the finality of the Clerk's order pending action by the Panel.
(1)Upon receipt of an order from the Chief Justice assigning the actions to a judge, the clerk of the transferor court shall submit to the clerk of the court of the assigned judge copies of all papers contained in the original file and a certified copy of the register of actions.
(2)Original pleadings regarding consolidated matters shall thereafter be filed with the clerk of the transferee court.
(l)Adoption of Rules. Subject to approval by the Colorado Supreme Court in accordance with Rule 121 C.R.C.P., the Panel may adopt rules of procedures on Consolidated Multidistrict Litigation consistent with this Rule.
Amendment History
Amended effective July 1, 1983; January 1, 1984; January 1, 1987; October 22, 1992; January 1, 2012; April 29, 2014; June 29, 2022.
Plain-English Summary
Rule 42.1 sets up the Panel on Consolidated Multidistrict Litigation, a group of three to seven district judges from different judicial districts appointed by the Chief Justice. When separate lawsuits filed around Colorado share a common question of law or fact, the Panel can recommend that all of them move to one judge for hearing or trial, cutting down on duplicate rulings and wasted effort.
A transfer can start three ways: the Panel can act on its own, a court can ask the Panel to step in, or a party can file a motion asking for transfer. A party's motion generally must come more than 91 days before any trial date already set in the affected cases, unless there is good cause to file later. Once the Panel considers a transfer, it orders the parties to show cause why their cases should not move, and sets deadlines for briefs and a hearing before deciding.
If the Panel orders a transfer, it certifies the decision to the Chief Justice, who assigns a judge to hear the consolidated cases. The Panel can also route a later-filed case sharing the same common questions to that judge through an order from the Clerk, giving any party a chance to object before the transfer becomes final.
Frequently Asked Questions
Who decides whether related Colorado lawsuits get consolidated under Rule 42.1?
The Panel on Consolidated Multidistrict Litigation decides. It is made up of three to seven district judges from different judicial districts, appointed by the Chief Justice, with one designated as chair.
How does a party ask the Panel to transfer a case?
A party files a motion with the Panel. The motion must be filed more than 91 days before any trial date already set in the affected actions, unless the party shows good cause for filing later, and a copy must also be filed in the district court where the case is pending.
Does filing a motion to transfer pause the case in the meantime?
No. A pending motion or show-cause order before the Panel does not affect or suspend proceedings in the district court, and it does not limit that court's jurisdiction over the case.
Can a Panel decision be appealed?
Review is limited. A party can seek review only through the process allowed under Rule 21 of the Colorado Appellate Rules, and if no such proceeding is filed within 21 days after the Panel's certification order, the Chief Justice assigns the case to a judge.
Source & verification. The rule text is reproduced verbatim from the
official Colorado Rules of Civil Procedure (Colo. R. Civ. P. 42.1). Prescribed by the Supreme Court of Colorado (C.R.S. § 13-2-108; Colo. Const. art. VI). The plain-English summary is original and written by us. Last verified July 10, 2026. ·
Official source
Also known as:multidistrict litigation panelconsolidating cases from different districtsMDL transfer motiontransfer of related civil casesshow cause order for consolidationtransferring a later-filed related case