Rule 42.Consolidation; separate trials

Ch. VI: Trials · Current through June 1, 2026 · Last verified September 9, 2026

In one sentenceRule 42 lets the court hear related cases together, and split issues or claims apart where trying them together would be inconvenient or unfair.

Full Text of Rule 42

Text sizeJump to: (a) (b)

(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.

(b) Separate Trials. The Court, 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, third-party claims, or issues.

End

Plain-English Summary

Consolidation. Where 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 of the matters at issue, may order the actions consolidated, and may make orders avoiding unnecessary cost or delay.

In this court that power does a lot of quiet work. A family's custody petition, support petition and protection from abuse petition are separate actions on separate forms with separate numbers, and they are about the same people and often the same week of their lives.

Separate trials. In furtherance of convenience, to avoid prejudice, or where separate trials would be conducive to expedition and economy, the court may order a separate trial of any claim, cross-claim, counterclaim or third-party claim, or of any separate issue.

The two halves are the same power pointed in opposite directions, and both are exercised for the same reason: to have each question decided once, by whoever is best placed to decide it, without dragging anything unnecessary along.

Frequently Asked Questions

Can related Delaware Family Court cases be heard together?

Yes. Where actions involving a common question of law or fact are pending, the court may order a joint hearing or trial, or consolidate the actions.

Can issues be tried separately?

Yes, in furtherance of convenience, to avoid prejudice, or where separate trials would be conducive to expedition and economy.

Source & verification. The rule text and amendment history are reproduced verbatim from the Delaware Family Court Rules of Civil Procedure (Fam. Ct. Civ. R. 42), and every rule has been checked word for word against the Delaware Family Court’s own published edition of these rules. Current through June 1, 2026. The plain-English summary is original and written by us. Last verified September 9, 2026. · Official source

Also known as: consolidate cases Delaware Family Courtseparate trials DelawareFam. Ct. Civ. R. 42