(a) Actions in the Superior Court. When actions involving a common question of law or fact arising out of the same transaction or series of transactions are pending in the Superior Court, the court on a party’s or its own motion may order the actions consolidated. If the actions are not triable in the same county or vicinage, the order shall be made by the Assignment Judge of the county in which the venue is laid in the action first instituted on a party’s motion, the judge’s own initiative, or on certification of the matter to the judge by a judge of the Law or Chancery Division. A motion to consolidate an action pending in the Special Civil Part with an action pending in the Chancery Division or the Civil Part of the Law Division shall be heard, regardless of which action was first filed, in the county in which venue is laid in the Chancery or Law Division, Civil Part action. If the motion is granted, the Special Civil Part action shall be consolidated with the Chancery or Law Division, Civil Part action.
Rule 4:38-1.Consolidation
Last amended September 1, 2008 · Current through June 18, 2026 · Last verified July 7, 2026
In one sentenceRule 4:38-1 lets the Superior Court consolidate actions that share a common question of law or fact from the same transaction, whether both are pending in the Superior Court or one is pending elsewhere, and sets what the consolidation order must contain.
Full Text of Rule 4:38-1
(b) Actions in the Superior Court and Other Courts. When an action is pending in the Superior Court, and another action involving a common question of law or fact arising out of the same transaction or series of transactions is pending in any other court, the Superior Court on a party’s or its own motion may remove the action from the other court and consolidate it with the action in the Superior Court.
(c) Order; Further Proceedings. Unless the court otherwise directs in the order of consolidation, all papers thereafter filed in the consolidated action shall (1) include the caption and docket number of each separate action, that of the earliest instituted action to be listed first, and (2) state with specificity the pleading or motion to which the paper is responsive. If actions pending in different venues are consolidated, the order shall specify the venue in which the consolidated action shall proceed and the party having the responsibility to file a copy of the order with the deputy clerk of the Superior Court in each county from which an action is being transferred. The order of consolidation may also include such terms as the court may prescribe to expedite further proceedings. In addition to the filing required by R. 1:6-4, a copy of the order of consolidation shall be included in the deputy clerk of the Superior Court’s file of each separate action.
Amendment History
New Jersey publishes each rule’s amendment record in a “History” note beneath the rule. It is reproduced verbatim below; the “R.R.” citations refer to the former Revised Rules numbering the current rules replaced.
Source-R.R. 4:43-1(a) (b) (c) (d) (e); paragraph (b); amended, paragraphs (c) and (d) deleted and former paragraph (e) redesignated as paragraph (c) July 26, 1984 effective September 10, 1984; paragraph (c); amended June 29, 1990 to be effective September 4, 1990; paragraph (a); amended July 13, 1994 to be effective September 1, 1994; paragraph (c); amended June 28, 1996 to be effective September 1, 1996; paragraph (a); amended July 9, 2008 to be effective September 1, 2008.
Plain-English Summary
When separate lawsuits turn on the same transaction, trying them apart wastes everyone's time. Rule 4:38-1 lets the court consolidate Superior Court actions sharing a common question of law or fact arising from the same transaction or series of transactions, with the Assignment Judge of the first-filed action's venue deciding when the cases are not triable in the same vicinage. The court can likewise pull in and consolidate an action pending in another court altogether.
A consolidation order carries its own paperwork rules: every later filing must list each consolidated action's caption and docket number, earliest-filed action first, and state which pleading or motion it responds to. If the consolidated cases came from different venues, the order has to say where the combined action proceeds and who is responsible for filing it in each county being left behind.
Frequently Asked Questions
Can a New Jersey court consolidate cases pending in different counties?
Yes. If the actions are not triable in the same county or vicinage, the Assignment Judge of the county where venue is laid in the first-filed action decides whether to consolidate them.
Can an action pending in another court be consolidated with a Superior Court case?
Yes. The Superior Court may remove and consolidate an action from another court that shares a common question of law or fact arising from the same transaction or series of transactions.
Source & verification. The rule text and amendment history are reproduced verbatim from the
official New Jersey Rules of Court (N.J. Ct. R. 4:38-1). Prescribed by the Supreme Court of New Jersey (N.J. Const. art. VI, § 2, ¶ 3). The plain-English summary is original and written by us. Last verified July 7, 2026. ·
Official source
Also known as: consolidation of actionsconsolidated casesmotion to consolidate