Rule 66.01.Consolidation.
Part I · Rule 66: Consolidation of Civil Actions and Separate Trials · Last amended July 1, 1996 · Last verified July 22, 2026
Full Text of Rule 66.01
Amendment History
Amended Nov. 16, 1964, eff. July 1, 1965; amended Jan. 19, 1973, eff. Sept. 1, 1973; Amended June 1, 1993, eff. Jan. 1, 1994; Amended March 22, 1994, eff. Jan. 1, 1995; Amended Sept. 26, 1995, eff. July 1, 1996.
Plain-English Summary
Rule 66.01 gives a court several distinct paths to combining related cases. Subdivision (a) covers same-party consolidation: when several actions founded solely on liquidated demands are pending in the same court by the same plaintiff against the same defendant, or against several defendants, the court may consolidate them if doing so seems expedient. Subdivision (b) reaches further, letting the court order a joint hearing or trial, or full consolidation, whenever pending civil actions share a common question of law or fact, with an eye toward avoiding unnecessary cost or delay. Subdivision (c) addresses family court matters specifically: when more than one action in the family court division involves the same or different members of one family, the division’s administrative judge can assign them all to a single judge, who may then consolidate any or all of them.
Subdivisions (d) and (e) handle a more particular situation — an injury to one spouse that also gives the other spouse a claim for loss of consortium, services, or medical expenses. Those claims generally must be enforced in one action if the spouses have ever been coparties in it, or once proper notice has gone out. A defendant who wants to force the issue can give written notice of the pending action and the need to join it to both the unjoined spouse and that spouse’s attorney; if the spouse does not apply to be added within 30 days after that notice, the claim is barred. The rule guarantees that spouse an unconditional right to join under Rule 52.06 if the application is timely. Notice to the attorney goes by first-class mail; notice to the party itself must be by personal service or by registered or certified mail requiring a signature from the addressee.
Frequently Asked Questions
What kinds of cases can be consolidated under Rule 66.01?
Cases with liquidated demands between the same parties, cases sharing a common question of law or fact, related matters pending in the family court division, and certain spousal injury and consortium claims.
Does consolidation require the parties’ consent?
No, for consolidation under subdivisions (a) and (b), the court acts in its own discretion, when it finds consolidation expedient or the cases share a common question of law or fact.
What must happen with a spouse’s consortium claim?
If one spouse is injured and the other has a claim for loss of consortium, services, or medical expenses, both claims generally must be enforced in one action if the spouses have ever been coparties, or once proper notice has been given.
What if the other spouse is not notified?
Written notice of the pending action and the need to join must go to the unjoined spouse and to that spouse’s attorney; the claim is barred unless the spouse applies to join within 30 days after the notice.
Does the non-joined spouse have an automatic right to join?
Yes, an unconditional right to be added as a party under Rule 52.06.
How must the required notice be delivered?
To the attorney by first-class mail, and to the party by personal service or by registered or certified mail requiring a signed receipt from the addressee.
Can related family court cases be consolidated?
Yes, the administrative judge of the family court division may assign related cases to a single judge, who may then consolidate any or all of them.