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§ 25-703.Consolidation of actions; motion and notice.

Article 7: Joinder and Consolidation of Actions · Not amended since original codification · Last verified July 22, 2026

In one sentenceSection 25-703 lets a defendant force plaintiffs in two or more pending actions in the same court that could have been joined to show cause why the cases should not be consolidated, and requires consolidation if no such cause is shown.

Full Text of § 25-703

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Whenever two or more actions are pending in the same court which might have been joined, the defendant may, on motion and notice to the adverse party, require
him to show cause why the same shall not be consolidated, and if no such cause be shown, the said several actions shall be consolidated.

Source

R.S.1867, Code § 150, p. 416; R.S.1913, § 7659; C.S.1922, § 8603; C.S.1929, § 20-703; R.S.1943, § 25-703.

Plain-English Summary

When related lawsuits end up filed as separate cases in the same court, a defendant facing more than one of them has a tool to bring them together. Section 25-703 lets the defendant move for consolidation whenever two or more pending actions in the same court are cases that might have been joined in the first place. The motion, with notice to the adverse party, requires that party to show cause why the actions should not be consolidated.

If no cause is shown, consolidation follows as a matter of course — the statute says the actions “shall be consolidated.” The burden sits with the party resisting consolidation to explain why the cases should stay separate, rather than with the defendant to justify combining them.

Frequently Asked Questions

Who can move to consolidate separate but related actions under Section 25-703?

The defendant, when two or more actions that might have been joined are pending in the same court.

What has to happen before the court consolidates the cases?

The defendant files a motion and gives notice to the adverse party, requiring that party to show cause why the cases should not be consolidated.

What happens if the plaintiff cannot show good cause against consolidation?

The statute directs that the actions shall be consolidated.

What kinds of cases qualify for this consolidation motion?

Cases that might have been joined in the same action in the first place, now pending separately in the same court.

Who decides whether to grant a consolidation order once cause has, or has not, been shown?

Section 25-704 addresses that step, providing that the order for consolidation may be made by the court or by a judge in vacation.

Source & verification. Section text and the amendment-history citation are reproduced verbatim from the Nebraska Legislature, Revisor of Statutes, enacted by the Nebraska Legislature. Last verified July 22, 2026. · Official source
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