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 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.
Rule 42.01.Consolidation.
Current through June 18, 2026 · Last verified July 9, 2026
In one sentenceRule 42.01 authorizes a court to hold a joint hearing or trial, or fully consolidate, separate pending actions that share a common question of law or fact, and to issue orders managing the combined proceedings to cut unnecessary cost or delay.
Full Text of Rule 42.01
Amendment History
The source reproduced here (current through June 18, 2026) records no amendment to this rule since its original adoption — no History line appears for it in the compiled rules. For the underlying adopting order and any later amendments, see the West’s Rules & Procedures.
Plain-English Summary
When two or more lawsuits pending before the same court share a common question of law or fact, this rule gives the court tools to handle them together. It can order a joint hearing or trial covering the shared issues, or consolidate the actions outright.
The goal is efficiency. Combining related cases spares the parties and the court from repeating the same evidence and arguments in separate proceedings. The court also has authority to issue whatever orders keep the combined case moving without unnecessary cost or delay.
Frequently Asked Questions
Can two lawsuits with the same facts be combined into one case?
Yes. When actions pending before the court involve a common question of law or fact, the court may order a joint hearing or trial of any or all of the matters at issue, or consolidate the actions.
Who decides whether to consolidate separate lawsuits?
The court decides. Consolidation is discretionary; the rule says the court may order it, based on whether the actions share a common question of law or fact.
Does consolidation combine the cases for the whole proceeding or just part of it?
The rule permits either approach: a joint hearing or trial of any or all matters in issue in the actions, or full consolidation of the actions, along with orders managing the proceedings to avoid unnecessary cost or delay.
Source & verification. The rule text is reproduced verbatim from the
official Kentucky Rules of Civil Procedure (Ky. R. Civ. P. 42.01). Prescribed by the Supreme Court of Kentucky (Ky. Const. § 116). The plain-English summary is original and written by us. Last verified July 9, 2026. ·
Official source
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