K.S.A. 60-242.Multicounty and multidistrict litigation
Last amended July 1, 2010 · Last verified July 28, 2026
In one sentenceK.S.A. 60-242 lets a court consolidate related actions or split off separate trials within a judicial district, and lets the supreme court transfer and consolidate actions from different districts that arise out of the same transaction or occurrence under a single assigned judge.
(a)Consolidation. If actions involving a common question of law or fact are pending before the court in the same or different counties in the judicial district, 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 in the county where the action is pending, or a different county in the judicial district, of one or more separate issues, claims, counterclaims, crossclaims or third-party claims. When ordering a separate trial, the court must preserve any right to a jury trial.
(1)When civil actions arising out of the same transaction or occurrence or series of transactions or occurrences are pending in different judicial districts, the supreme court, on request of a party or of any court in which one of the actions is pending and upon finding that a transfer and consolidation will promote the just and efficient conduct of the actions, may order transfer of the pending actions to one of the counties in which an action is pending. The actions may be consolidated for discovery, pretrial proceedings and possible trial. The supreme court must designate a judge to hear the consolidated actions. Actions filed subsequent to the order may be consolidated as provided in this section.
(2)The assigned judge may conduct all pretrial and discovery proceedings, issue pretrial and discovery orders, decide questions of law, including motions for summary judgment and, when the assigned judge conducts a trial, allocate expenses of the trial among counties.
(3)The assigned judge may conduct a joint trial of any or all of the consolidated actions, but all parties to the actions jointly tried must consent to joint trial. Jury trials may be conducted in any county that would have had venue of any of the consolidated actions, subject to a change of venue under K.S.A. 60-609, and amendments thereto. If the assigned judge decides not to conduct the trial of any of the consolidated actions or if a party to any of the consolidated actions does not consent to joint trial, the assigned judge must return that action, and the record in that action, to the district court from which it originated. The assigned judge must notify the supreme court that the action has been returned.
Amendment History
L. 1963, ch. 303, 60-242; amended by Supreme Court order dated July 17, 1969; L. 1983, ch. 195, § 1; L. 2010, ch. 135, § 111; July 1.
Plain-English Summary
Section 60-242 tackles a problem that shows up whenever the same dispute spawns more than one lawsuit. Under subsection (a), if actions pending in the same or different counties within a judicial district share a common question of law or fact, the court can join them for hearing or trial, consolidate them outright, or issue any other order needed to cut cost or delay. Subsection (b) works the other direction: for convenience, to avoid prejudice, or to expedite and economize, the court can order a separate trial of one or more issues, claims, counterclaims, crossclaims, or third-party claims. Either way, if a jury trial right attaches to what's being split off, the court has to preserve it.
Subsection (c) reaches further, across judicial districts. When civil actions arising out of the same transaction or occurrence, or series of transactions or occurrences, are pending in different districts, the supreme court can order them transferred to one of the counties already handling one of the actions and consolidated for discovery, pretrial proceedings, and possible trial. That happens on request of a party or of a court where one of the actions is pending, and only after the supreme court finds that transfer and consolidation will promote just and efficient handling of the cases. The supreme court then designates a judge to hear the consolidated actions, and later-filed actions arising from the same events can be folded in too.
The assigned judge runs the pretrial and discovery phase for every consolidated action, including summary judgment motions, and can allocate trial expenses among the counties involved. A joint trial of the consolidated actions is possible, but only with the consent of every party to the actions being tried together. Jury trials can be held in any county that would have had venue over one of the consolidated actions, subject to a change of venue. If the judge decides against trying an action, or a party won't consent to a joint trial, the judge sends that action and its record back to the district court it came from and tells the supreme court it's been returned.
Frequently Asked Questions
Can a Kansas court combine two related lawsuits filed in the same county?
Yes. Under subsection (a), if actions pending in the court share a common question of law or fact, the court may join them for hearing or trial, consolidate them, or issue any other order to avoid unnecessary cost or delay.
Who decides whether to consolidate lawsuits pending in different judicial districts?
The supreme court. Subsection (c)(1) lets it order transfer and consolidation of actions from different districts, on request of a party or a court where one of the actions is pending, after finding that doing so will promote just and efficient conduct of the actions.
Do all parties have to agree before consolidated cases can be tried together?
Yes, for a joint trial. Subsection (c)(3) requires all parties to the actions being jointly tried to consent. Without that consent, the assigned judge returns that action to the district court where it originated.
Does consolidating cases under 60-242 take away my right to a jury trial?
No. Subsection (b) requires the court to preserve any right to a jury trial when it orders a separate trial of specific issues or claims.
What can the judge assigned to consolidated multidistrict actions do?
Subsection (c)(2) allows that judge to conduct all pretrial and discovery proceedings, issue pretrial and discovery orders, decide questions of law including summary judgment motions, and allocate trial expenses among the counties involved.
Source & verification. Section text is reproduced verbatim from the
Kansas Statutes Annotated, enacted by the Kansas Legislature. Last verified July 28, 2026.
· Official source
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