Last amended December 1, 2007 · Last verified June 30, 2026
In one sentenceRule 42 lets a court consolidate actions that share a common question of law or fact, or order separate trials of one or more separate issues or claims, to promote convenience, economy, or fairness and to avoid prejudice.
(a)Consolidation. If actions before the court involve a common question of law or fact, the court may:
(1)join for hearing or trial any or all matters at issue in the actions;
(2)consolidate the actions; or
(3)issue any other orders to avoid unnecessary cost or delay.
(b)Separate 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 federal right to a jury trial.
End
Amendment History
(Amended February 28, 1966, effective July 1, 1966; April 30, 2007, effective December 1, 2007.)
Plain-English Summary
Rule 42 gives the trial court two complementary tools. When separate actions before the court involve a common question of law or fact, the court may consolidate them — joining them for some purposes or for all — or issue orders to avoid unnecessary cost or delay.
Pulling in the other direction, the court may also order separate trials of one or more separate issues, claims, counterclaims, or third-party claims — for convenience, to avoid prejudice, or to expedite and economize. A common example is bifurcating liability and damages. In a jury case, the court must preserve any federal right to a jury trial when it splits the issues.
Frequently Asked Questions
When can a court consolidate cases?
When the actions before it share a common question of law or fact, the court may consolidate them or issue orders to avoid unnecessary cost or delay (Rule 42(a)).
What are separate trials under Rule 42?
The court may try separate issues or claims on their own — for convenience, to avoid prejudice, or to economize — for example, separating liability from damages (Rule 42(b)).
Source & verification. The rule text and amendment history are reproduced verbatim from the
official Federal Rules of Civil Procedure (Fed. R. Civ. P. 42), a public-domain work of the U.S. Government.
Prescribed by the United States Supreme Court under the Rules Enabling Act. The plain-English summary is original and written by us. Last verified June 30, 2026. ·
Official source
Also known as:FRCP 42Fed. R. Civ. P. 42consolidationseparate trialsbifurcation