(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
Part VI: Trials · Last amended January 1, 1967 · Last verified July 28, 2026
In one sentenceRule 42 lets the Court consolidate actions that share a common question of law or fact into a joint hearing or trial, and separately lets the Court order separate trials of any claim, cross-claim, counterclaim, third-party claim, or issue to serve convenience, avoid prejudice, or promote expedition and economy.
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 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.
Amendment History
Amended, effective Jan. 1, 1967.
Plain-English Summary
Rule 42(a) applies whenever actions pending before the Court involve a common question of law or fact. The Court can order a joint hearing or trial of any or all matters at issue across those actions, consolidate the actions outright, or make whatever orders on the proceedings will help avoid unnecessary cost or delay.
Rule 42(b) runs in the opposite direction: instead of combining cases, it lets the Court split a single case apart. The Court can order a separate trial of any claim, cross-claim, counterclaim, or third-party claim, or of any separate issue, or of any number of them together, whenever separate trials would serve convenience, avoid prejudice, or promote expedition and economy.
Both provisions give the Court broad management authority over how related claims and issues move toward trial, whether that means joining cases together or dividing a single case into more manageable pieces.
Frequently Asked Questions
When can a Delaware court consolidate two related lawsuits?
Rule 42(a) allows consolidation whenever actions pending before the Court share a common question of law or fact, letting the Court order a joint hearing or trial or consolidate the actions entirely.
Can the Court order separate trials for different claims within the same case?
Yes. Rule 42(b) lets the Court order a separate trial of any claim, cross-claim, counterclaim, third-party claim, or issue, whenever that will serve convenience, avoid prejudice, or promote expedition and economy.
What's the goal behind consolidating actions under Rule 42(a)?
The rule lets the Court make orders that avoid unnecessary costs or delay across actions that raise the same legal or factual questions.
Does the Court need both parties' consent to consolidate or separate trials under Rule 42?
No. The rule gives the Court authority to order consolidation or separate trials on its own management of the case; it doesn't condition either on party agreement.
Source & verification. Rule text is reproduced verbatim from the
Delaware Rules of Civil Procedure for the Superior Court, adopted by the
Superior Court of the State of Delaware. Last verified July 28, 2026.
· Official source
Also known as: consolidate cases delaware superior courtseparate trials rule 42common question of law or fact consolidationjoint trial related actions delawarebifurcated trial delaware civil