Last amended January 7, 2013 · Last verified June 26, 2026
In one sentenceRule 1-042 lets the court consolidate actions that share a common question and order separate trials of claims or issues to promote convenience or avoid prejudice.
A.Consolidation. When actions involving a common question of law or fact are pending within a judicial district, the court 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.
B.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 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 the right of trial by jury given to any party as a constitutional right.
End
Rule History
[As amended by Supreme Court Order No. 12-8300-023, effective for all cases filed or pending on or after January 7, 2013.]
Plain-English Summary
This rule manages related claims and crowded trials. When actions pending in a judicial district share a common question of law or fact, the court may hold a joint hearing or trial, consolidate the actions entirely, and make orders to avoid unnecessary cost or delay.
Conversely, to further convenience, avoid prejudice, or promote economy, the court may order a separate trial of any claim, counterclaim, cross-claim, third-party claim, or separate issue—always preserving any party’s constitutional right to a jury trial.
Frequently Asked Questions
When can cases be consolidated?
When actions pending within a judicial district share a common question of law or fact, the court may order a joint trial or consolidate them outright.
Can the court split a case into separate trials?
Yes. To promote convenience, avoid prejudice, or further economy, the court may order separate trials of claims or issues, while preserving any constitutional right to a jury.
Source & verification. Rule text and Committee commentary reproduced verbatim from the
New Mexico Rules of Civil Procedure for the District Courts (Rule 1-042 NMRA), published by the New Mexico Compilation Commission (NMOneSource).
Promulgated by the Supreme Court of New Mexico. The plain-English summary is original and draws on the official annotations. Last verified June 26, 2026. ·
Official source
Also known as:consolidationseparate trialscommon question of law or factbifurcation