(a) Consolidation. When actions involving a common question of law or fact are pending before the court, if the parties consent, the court 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.
§ 9-11-42.Consolidation; severance
Chapter 11. Civil Practice Act · Article 6. Trials · Last amended 1966 · Last verified July 17, 2026
In one sentenceThis section lets a court consolidate related actions that share a common question of law or fact when the parties consent, and separately lets the court order a separate trial of any claim or issue to further convenience or avoid prejudice.
Full Text of § 9-11-42
(b) Separate trials. The court, in furtherance of convenience or to avoid prejudice, 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.
Plain-English Summary
Subsection (a) addresses consolidation. When two or more pending actions share a common question of law or fact, the parties can agree to let the court hold a joint hearing or trial on any or all of the matters at issue, or consolidate the actions outright. The consent requirement matters — this isn’t a tool the court can impose on unwilling parties. Once consolidation is on the table, the court can also enter whatever orders help avoid unnecessary cost or delay in how the consolidated proceedings move forward.
Subsection (b) works independently and needs no party consent. A court can order a separate trial of any claim, cross-claim, counterclaim, or third-party claim, or of any separate issue, whenever doing so serves convenience or heads off prejudice to a party. That authority reaches any number of claims or issues, not just a single one, giving the court broad flexibility to break a case into manageable pieces.
Frequently Asked Questions
Can a Georgia court consolidate related cases without the parties’ agreement?
No. Subsection (a) conditions consolidation on the parties’ consent — the court can’t order it unilaterally.
What kinds of cases can be consolidated under this section?
Actions pending before the court that involve a common question of law or fact.
Does ordering separate trials under subsection (b) require the parties’ consent?
No. Unlike consolidation, the court can order separate trials on its own, in furtherance of convenience or to avoid prejudice.
What can be severed for a separate trial?
Any claim, cross-claim, counterclaim, or third-party claim, or any separate issue, and any number of them at once.
What is the purpose behind allowing consolidation of related actions?
To let the court manage related matters together and enter orders that avoid unnecessary costs or delay.
Amendment History
Ga. L. 1966, p. 609, § 42.
Source & verification. Section text and amendment history are
reproduced verbatim from the Official Code of Georgia Annotated, published by the
Official Code of Georgia Annotated, Georgia Code Revision Commission / LexisNexis. Last verified July 17, 2026.
· Official source
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