(a) Consolidation . When actions involving a common question of law or fact are pending before the court, it may order a joint hearing or trial of any or all matters in issue in the action; 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
Group VI: Trials · Not amended since adoption on record · Last verified July 13, 2026
In one sentenceRule 42 lets a South Carolina court combine cases that share a common question of law or fact into one hearing or trial, or split a single case into separate trials, without merging the parties' identities or claims.
Full Text of Rule 42
(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 inviolate the right of trial by jury as declared by the Constitution or as given by a statute of the State.
Notes
Note: This Rule 42 is substantially identical with the Federal Rule. Rule 42(b) as to ordering separate trials is similar to State procedure, under Code § 15-27-20. Rule 42(a) as to consolidation of cases for trial is new to State procedure, but a valuable and needed addition. The parties and pleadings are not merged, and each action retains its own identity; but consolidation for trial can save much time and cost, as when all claims arise out of one auto accident, or several claims are based upon identical contracts.
Plain-English Summary
Litigation rarely stays tidy. Several plaintiffs may sue over the same car accident, or one defendant may face near-identical claims filed by different people. Rule 42(a) gives the court a tool for that overlap: when actions share a common question of law or fact, the court can order a joint hearing or trial, consolidate the actions outright, or issue whatever orders keep the proceedings from wasting time and money. Consolidation is a matter of efficiency, not merger — each case keeps its own pleadings and its own identity even while the court handles them together.
Rule 42(b) works in the other direction. A court can order separate trials of a claim, counterclaim, cross-claim, third-party claim, or any distinct issue, when doing so serves convenience, avoids prejudice to a party, or promotes speed and economy. A judge might, for example, try liability before damages, or split a contested counterclaim off from the main case. Whatever split the court orders, it has to preserve the right to a jury trial guaranteed by the state constitution or granted by statute — separating issues cannot be used to strip a party of that right.
Frequently Asked Questions
Does consolidating two lawsuits merge them into a single case?
No. Rule 42(a) allows a joint hearing or trial, or full consolidation, but the parties and pleadings in each action are not merged — every action keeps its own identity even while being handled together.
Why would a court order separate trials instead of one trial?
Rule 42(b) lets a court split off a claim, counterclaim, cross-claim, third-party claim, or particular issue for its own trial when that serves convenience, avoids prejudice, or promotes expedition and economy — for instance, trying liability before damages.
Can splitting a case into separate trials take away my right to a jury?
No. Rule 42(b) expressly requires the court to preserve the right to a jury trial as declared by the constitution or given by statute, even when it orders separate trials.
What kinds of cases get consolidated under this rule?
Any actions pending before the court that involve a common question of law or fact are eligible — a frequent example is multiple claims arising from one accident or a set of near-identical contract disputes.
Source & verification. Rule text, official Notes, and amendment
history are reproduced verbatim from the South Carolina Rules of Civil Procedure,
adopted by the Supreme Court of South Carolina. Last verified July 13, 2026. ·
Official source
Also known as: consolidation of cases SCseparate trials SCRCPSC Rule 42consolidating lawsuits South Carolinabifurcated trial South Carolina