Rule 42.Consolidation — Separate Trials.
Current through February 2024 · Last verified September 12, 2026
Full Text of Rule 42
Amendment History
Rhode Island does not publish a per-rule amendment history inside the compiled rules text reproduced here. The text above is verified current through the source’s own February 2024 printing; for the underlying adopting orders and any later amendments, see the Rhode Island Judiciary’s compiled rules page.
Plain-English Summary
Subdivision (a) applies when actions involving a common question of law or fact are pending before the court. The judge may order a joint hearing or trial of any or all of the matters in issue, may consolidate the actions outright, and may enter orders about the proceedings that tend to avoid unnecessary costs or delay. The decision belongs to the court; the rule does not condition it on the parties agreeing.
County lines do not block either half of this rule, which is the detail people miss. Subdivision (a) reaches actions pending in the same county or in different counties, and subdivision (b) lets the court hold a separate trial in the county where the action is pending or in a different one.
Subdivision (b) runs the other direction from consolidation. To further convenience or to avoid prejudice, the court may order a separate trial of a claim, cross-claim or counterclaim, of a single separate issue, or of any number of claims, cross-claims, counterclaims or issues. That is how one contested question can be tried by itself while the rest of the case waits.
Frequently Asked Questions
Can two related family court cases be heard at the same time?
Yes, when the actions involve a common question of law or fact and are pending before the court. Subdivision (a) lets the judge order a joint hearing or trial of any or all matters in issue, or consolidate the actions.
Do the two cases have to be in the same county to be consolidated?
No. Subdivision (a) reaches actions pending in the same county or in different counties, and subdivision (b) allows a separate trial in the county where the action is pending or in a different county.
What is a separate trial and when would the court order one?
A separate trial takes one piece of the case and tries it on its own. Subdivision (b) permits it in furtherance of convenience or to avoid prejudice, and it can cover a claim, a cross-claim, a counterclaim, a single separate issue, or any number of them.
Do both sides have to agree before cases are combined?
No. Subdivision (a) places the decision with the court, which may order a joint hearing or trial, or full consolidation, where the actions share a common question of law or fact. Agreement between the parties may support the request, but the rule does not condition the court's power on it.
Besides consolidating, what else can the court order when two cases overlap?
Subdivision (a) lets the court make such orders concerning the proceedings as may tend to avoid unnecessary costs or delay. That reaches the scheduling and management of overlapping cases short of a full consolidation.