Rule 42.Consolidation; Separate Trials.

Current through July 1, 2026 · Last verified September 11, 2026

In one sentenceRule 42 lets the court consolidate actions sharing a common question and order separate trials to avoid prejudice or save time.

Full Text of Rule 42

Text sizeJump to: (a) (b)

(a) (a) Consolidation. When actions involving a common question of law or fact are pending before the court, it may order a consolidated 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) (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

Amendment History

The Hawaiʻi State Judiciary’s compiled text of this rule carries no amendment order for this rule. For the adopting orders and any later amendments, see the Hawaiʻi State Judiciary’s rules page.

Plain-English Summary

Where actions pending before the court involve a common question of law or fact, the court may order a consolidated hearing or trial of any or all the matters in issue, may consolidate the actions outright, and may make whatever orders will avoid unnecessary cost or delay.

The mirror power is separation. In furtherance of convenience, to avoid prejudice, or where it will be conducive to expedition and economy, the court may order a separate trial of any claim, cross-claim, counterclaim or third-party claim, of any separate issue, or of any number of them.

Both halves are discretionary and both are used to manage rather than decide. A related power sits in Rule 20(b), which lets the court order separate trials to protect a party joined in a dispute it has nothing to do with, and in Rule 13(i), which allows judgment on a counterclaim after separate trials even if the opposing claims have gone.

Frequently Asked Questions

When will a Hawaii family court consolidate cases?

Where actions pending before it involve a common question of law or fact.

Can the court try one issue separately?

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

What can be tried separately?

Any claim, cross-claim, counterclaim or third-party claim, any separate issue, or any number of them.

Does consolidation merge the cases?

The court may order a consolidated hearing or trial of some or all matters, or may order the actions consolidated.

Can a counterclaim be decided after the main claim is gone?

Yes. Rule 13(i) allows judgment on a counterclaim or cross-claim after separate trials even if the opposing claims have been dismissed or otherwise disposed of.

Source & verification. The rule text is reproduced verbatim from the official Hawaii Family Court Rules (Haw. Fam. Ct. R. 42). Prescribed by the Supreme Court of Hawaii. The plain-English summary is original and written by us. Last verified September 11, 2026. · Official source

Also known as: consolidation hawaii family courtseparate trials hawaii family courtbifurcation hawaii divorcehawaii family court rule 42