Rule 42.Consolidation: Separate Trials

Part VI. Trials · Last verified September 4, 2026

In one sentenceRule 42 lets the court consolidate actions sharing a common question of law or fact — including actions pending in different counties — and order separate trials to avoid prejudice or save time.

Full Text of Rule 42

Text sizeJump to: (a) (b)

(a) Courts Other Than District Court: Consolidation. When actions involving a common question of law or fact are pending before the court, in the same county or different counties, 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. (Identical to Mass.R.Civ.P. 42(a))

(b) Courts Other Than District Court: 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 in the county where the action is pending or in a different county 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 declared by the constitution of this Commonwealth or as set forth in a statute.( Identical to Mass.R.Civ.P. 42(b))

End

Plain-English Summary

Rule 42 has two subsections here where the civil rule has four, and both carry the heading "Courts Other Than District Court".

Consolidation across counties

Where actions involving a common question of law or fact are pending before the court — expressly in the same county or different counties — the court may order a joint hearing or trial of any or all the matters in issue, may order the actions consolidated, and may make such orders concerning the proceedings as tend to avoid unnecessary costs or delay.

The different-counties language is worth noting. In a court organized by county, a family whose matters have been filed in more than one place is a common problem, and the rule addresses it directly rather than through transfer.

Separate trials

Subsection (b) is the mirror image. In furtherance of convenience, to avoid prejudice, or where separate trials will be conducive to expedition and economy, the court may order a separate trial — in the county where the action is pending or in a different county — of any claim, cross-claim, counterclaim or third-party claim, or of any separate issue, or of any number of them.

The subsection closes by preserving inviolate the right of trial by jury as declared by the Massachusetts constitution or set forth in a statute. That reservation does the same work here as it does in the civil rule, though the proceedings these rules govern are not triable of right by a jury — see Rule 39.

Frequently Asked Questions

Can cases in different counties be consolidated?

Yes. Rule 42(a) applies where actions involving a common question of law or fact are pending before the court in the same county or different counties, and allows a joint hearing or trial, consolidation, and such orders as tend to avoid unnecessary costs or delay.

When will the court order separate trials?

Rule 42(b) allows it in furtherance of convenience, to avoid prejudice, or where separate trials will be conducive to expedition and economy. The separate trial may be held in the county where the action is pending or in a different county.

What can be tried separately?

Any claim, cross-claim, counterclaim or third-party claim, any separate issue, or any number of claims, cross-claims, counterclaims, third-party claims or issues.

Does consolidation require a motion?

The rule says the court may order it, without specifying a motion, so it is available on the court's own initiative as well as on a party's request.

Source & verification. Rule text reproduced verbatim from the Massachusetts Rules of Domestic Relations Procedure as published by the Massachusetts Trial Court Law Libraries, current through amendments effective May 1, 2010. Promulgated by the Supreme Judicial Court of Massachusetts. Last verified September 4, 2026. · Official text

Also known as: consolidationseparate trialsjoint trialbifurcationcommon question of law or fact