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Rule 42.Consolidation; Separate Trials.

Last amended July 1, 1972 · Last verified July 3, 2026

In one sentenceRule 42 lets the court consolidate related cases into one proceeding, or split a single case into separate trials, whichever better serves efficiency or fairness.

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, always preserving inviolate the right of trial by jury as given by the Constitution or a statute of the State or the United States.

Amendment History

Amended May 15, 1972, effective July 1, 1972

Plain-English Summary

When cases before the court share a common question of law or fact, the court can order a joint hearing or trial of any or all of the matters at issue, consolidate the actions outright, or issue whatever orders will avoid unnecessary cost or delay in managing them together.

Going the other direction, the court can split out a separate trial for any claim, cross-claim, counterclaim, third-party claim, or issue, whether to serve convenience, avoid prejudice, or promote expedition and economy, so long as the constitutional or statutory right to a jury trial stays intact throughout.

Frequently Asked Questions

When can the court combine separate cases into one trial?

When the cases involve a common question of law or fact; the court may then order a joint hearing or trial, or consolidate the actions outright.

Can a single case be split into separate trials?

Yes. Rule 42(b) lets the court order a separate trial of any claim, cross-claim, counterclaim, or issue to serve convenience, avoid prejudice, or promote efficiency, while preserving the right to a jury trial.

Source & verification. The rule text and History are reproduced verbatim from the official Hawaii Rules of Civil Procedure (Haw. R. Civ. P. 42). Prescribed by the Supreme Court of Hawaii (Haw. Rev. Stat. § 602-11; Haw. Const. art. VI, § 7). The plain-English summary is original and written by us. Last verified July 3, 2026. · Official source
Also known as: consolidation of actionsseparate trialsjoint hearing