(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.
Rule 42.Consolidation; Separate Trials
Current through June 1, 2026 · Last verified July 10, 2026
In one sentenceRule 42 lets a court merge separate lawsuits sharing a common question of law or fact into one hearing or trial, split a single case into separate trials for convenience or to avoid prejudice, and close a civil trial to the public when the case's nature would injure public morals.
Full Text of Rule 42
(b) Separate Trials. The court in furtherance of convenience, or to avoid prejudice, or when separate trials will be conducive to expedition or economy may order a separate trial of any separate issue or of any number of claims, cross claims, counterclaims, third-party claims, or issues.
(c) Court Sessions Public; When Closed. All sessions of court shall be public, except that when it appears to the court that the action will be of such character as to injure public morals, or when orderly procedure requires it, it shall be its duty to exclude all persons not officers of the court or connected with such case.
Amendment History
The source reproduced here (current through June 1, 2026) records no amendment to this rule since its original adoption — no Credits line appears for it in the compiled rules. For the underlying adopting order and any later amendments, see the Colorado General Assembly.
Plain-English Summary
Rule 42(a) gives a court a way to handle multiple lawsuits that were filed separately but turn on the same question of law or fact. Instead of running each one from scratch, the court can order a joint hearing or trial, consolidate the cases outright, and issue whatever orders keep the combined proceeding from running up needless cost or delay. This is a different tool than joining several claims against one opponent in a single complaint — consolidation brings together cases that started as separate lawsuits, sometimes against different defendants, because they overlap.
Rule 42(b) works the other direction. If claims or issues that ended up in one case would be easier, fairer, or faster to try apart, the court can order separate trials — splitting off one claim among several, or trying liability before damages, for example — whenever that serves convenience, avoids prejudice to a party, or speeds up and streamlines the proceeding.
Rule 42(c) has nothing to do with case management. Court sessions are public by default, but the rule directs the judge to close the courtroom to everyone except officers of the court and people connected with the case when the matter's nature would injure public morals, or when keeping order requires it.
Frequently Asked Questions
What is the difference between consolidating cases and joining claims?
Joinder lets a party combine several claims against one opponent within a single lawsuit. Consolidation under Rule 42 is different — it brings together cases that were filed as separate lawsuits, sometimes against different defendants, because they share a common question of law or fact.
Does consolidating two cases merge them into one lawsuit?
No. Consolidated cases are tried or heard together for efficiency, but each keeps its own identity — its own judgment, and generally its own path to appeal — even after consolidation.
When would a court order separate trials within a single case?
When doing so serves convenience, avoids prejudice to a party, or makes the case faster or less expensive to try — for example, trying liability before damages, or pulling out one claim among several for its own trial.
Can the public be kept out of a civil trial?
Court sessions are public as a rule, but Rule 42(c) lets the judge exclude everyone but officers of the court and people connected with the case when the matter's subject would injure public morals or when keeping order in the courtroom requires it.
Source & verification. The rule text is reproduced verbatim from the
official Colorado Rules of Civil Procedure (Colo. R. Civ. P. 42). 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: consolidate casesconsolidation of actionsseparate trials coloradobifurcated trialpublic trial exclusionjoint hearing multiple lawsuits