(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 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.Consolidation; Separate Trials
Chapter VI: Trials · Not amended since adoption on record · Last verified July 14, 2026
In one sentenceRule 42 lets a Mississippi court consolidate related civil actions for hearing or trial to save time and expense, order separate trials of particular claims or issues while preserving the right to a jury, and, with the agreement of every judge involved, consolidate cases pending in different counties of the same circuit or chancery court district.
Full Text of Rule 42
(b) Separate Trial. 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, counter-claim, or third-party claim, or of any separate issue or of any number of claims, cross-claims, counter-claims, third-party claims, or issues, always preserving inviolate the right of trial by jury as declared by Section 31 of the Mississippi Constitution of 1890.
(c) Counties Within a Single Circuit or Chancery Court District. When civil actions involving common questions of fact or law are pending in different counties of a single Circuit or Chancery Court district, such actions may be consolidated for coordinated or consolidated pretrial proceedings and, if the actions do not involve trials by jury, may be consolidated for all purposes. All judges presiding over the cases to be consolidated must agree to the consolidation and to the judge who will preside over the cases for the purposes stated herein. For the purposes of this rule, “pretrial proceedings” means all matters presented to the judge prior to trial except dispositive motions. [Amended February 20, 2004 to correct scrivener’s error; amended effective September 25, 2014.]
Plain-English Summary
Rule 42(a) gives the court broad discretion whenever separate actions share a common question of law or fact: it can hold a joint hearing or trial, consolidate the actions outright, or enter whatever orders keep the litigation from generating needless cost or delay. This is a docket-management tool more than a party's right — the decision rests with the judge, weighing whether combining cases will simplify things or just create confusion.
Rule 42(b) runs the other direction, letting the court split a single case apart. For convenience, to avoid prejudice, or because separate trials would be quicker and cheaper, the court may order a separate trial of any claim, cross-claim, counterclaim, third-party claim, or discrete issue. The rule is explicit that this power never comes at the expense of the right to a jury trial guaranteed by the Mississippi Constitution — a case can be split into pieces, but a party entitled to a jury on a given issue still gets one.
Rule 42(c) extends consolidation across county lines within a single circuit or chancery court district. Cases pending in different counties of that district can be consolidated for coordinated pretrial proceedings, and if none of them involve a jury trial, they can be consolidated for all purposes, not just pretrial matters. This only works if every judge presiding over the affected cases agrees, both to consolidating and to which judge will handle the consolidated proceedings. The rule defines "pretrial proceedings" broadly, covering everything presented to the judge before trial except dispositive motions, which stay with each case's own judge.
Frequently Asked Questions
When can a Mississippi court combine two separate lawsuits into one?
Rule 42(a) allows consolidation whenever actions pending before the court involve a common question of law or fact. The court can order a joint hearing or trial, full consolidation, or other orders designed to avoid unnecessary cost or delay.
Does consolidating my case with another one mean I lose my right to a jury trial?
No. Rule 42(b) specifically preserves the right to trial by jury under Section 31 of the Mississippi Constitution even when the court orders separate trials of particular claims or issues within a consolidated proceeding.
Can lawsuits pending in different counties be combined?
Yes, if they are pending in different counties of the same circuit or chancery court district and involve common questions of fact or law. Rule 42(c) requires every judge presiding over the affected cases to agree, both to the consolidation and to which judge will preside afterward.
What counts as a "pretrial proceeding" for cross-county consolidation under Rule 42(c)?
The rule defines it as all matters presented to the judge before trial except dispositive motions, which remain with the individual case even after consolidation for pretrial purposes.
Can the court try some issues separately while keeping the rest of the case together?
Yes. Rule 42(b) lets the court order a separate trial of any claim, cross-claim, counterclaim, third-party claim, or specific issue when doing so serves convenience, avoids prejudice, or promotes expedition and economy.
Source & verification. Rule text and Advisory Committee Notes are
reproduced verbatim from the Mississippi Rules of Civil Procedure, adopted by the
Supreme Court of Mississippi. Last verified July 14, 2026.
· Official source
Also known as: ms consolidation of civil actionsmississippi rule 42 separate trialcombining lawsuits from different counties mississippicircuit court district case consolidation mscommon question of law consolidation mississippi