(a) Consolidation. When actions involving a common question of law or fact are pending before the court, in the same county or different counties, 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.
Rule 42.Consolidation — Separate Trials.
Current through February 2024 · Last verified July 8, 2026
In one sentenceRule 42 lets the court combine separate cases that share common questions of law or fact into a joint hearing or trial to save time and expense, or split a single case into separate trials when doing so serves convenience, fairness, or efficiency.
Full Text of Rule 42
(b) Separate Trials. Subject to the provisions of Rule 38(a), 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 in the county where the action is pending or in a different county 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.
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
Rule 42(a) lets the court merge cases that raise a common question of law or fact, whether they were filed in the same county or different ones. The court can order a joint hearing or trial on some or all of the matters at issue, consolidate the actions outright, and issue whatever orders keep the combined proceeding from running up unnecessary costs or delay.
Rule 42(b) works the other direction. Subject to a party’s right to a jury trial under Rule 38(a), the court can split off a separate trial — in the county where the case is pending or in a different county — for any claim, cross-claim, counterclaim, third-party claim, single issue, or any combination of those. The court does this to serve convenience, to avoid prejudice to a party, or because separate trials will move faster and cost less than one combined proceeding.
Frequently Asked Questions
When can a Rhode Island court consolidate two lawsuits?
Rule 42(a) allows consolidation whenever the actions share a common question of law or fact, even if they were filed in different counties. The court can order a joint hearing, a joint trial, or full consolidation, along with any orders needed to avoid unnecessary cost or delay.
Can the court order separate trials for different claims in the same case?
Yes. Rule 42(b) lets the court order a separate trial for a claim, cross-claim, counterclaim, third-party claim, or single issue, subject to the jury trial right under Rule 38(a). The court uses this when it serves convenience, prevents prejudice, or makes the case move faster and cost less.
Does consolidating cases mean they become one lawsuit permanently?
Not necessarily. Rule 42(a) gives the court authority to order a joint hearing or trial, or to consolidate the actions, but the rule is aimed at avoiding unnecessary costs and delay — the court keeps discretion over how far to combine the proceedings.
Source & verification. The rule text is reproduced verbatim from the
official Rhode Island Superior Court Rules of Civil Procedure (R.I. Super. Ct. R. Civ. P. 42). Prescribed by the Supreme Court of Rhode Island (R.I. Gen. Laws § 8-6-2). The plain-English summary is original and written by us. Last verified July 8, 2026. ·
Official source
Also known as: consolidating lawsuitscombining casesjoint trialseparate trialsbifurcated trialconsolidation of actions