On motion of any party, a circuit court may enter an order joining, coordinating, consolidating or transferring civil actions as provided in this chapter upon finding that:
§ 8.01-267.1.Standards governing consolidation, etc., and transfer.
Chapter 5.1. Multiple Claimant Litigation Act · Last amended 2023 · Last verified July 16, 2026
In one sentenceSection 8.01-267.1 requires a circuit court, before joining, coordinating, consolidating, or transferring civil actions under the Multiple Claimant Litigation Act, to find six or more plaintiffs with common, predominant questions of law or fact arising from the same transaction or occurrence, and that the order serves justice without prejudicing any party’s due process rights.
Full Text of § 8.01-267.1
1. Separate civil actions brought by six or more plaintiffs involve common questions of law or fact and arise out of the same transaction, occurrence or series of transactions or occurrences;
2. The common questions of law or fact predominate and are significant to the actions; and
3. The order (i) will promote the ends of justice and the just and efficient conduct and disposition of the actions, and (ii) is consistent with each party's right to due process of law, and (iii) does not prejudice each individual party's right to a fair and impartial resolution of each action.
Factors to be considered by the court include, but are not limited to, (i) the nature of the common questions of law or fact; (ii) the convenience of the parties, witnesses and counsel; (iii) the relative stages of the actions and the work of counsel; (iv) the efficient utilization of judicial facilities and personnel; (v) the calendar of the courts; (vi) the likelihood and disadvantages of duplicative and inconsistent rulings, orders or judgments; (vii) the likelihood of prompt settlement of the actions without the entry of the order; and (viii) as to joint trials by jury, the likelihood of prejudice or confusion.
The court may organize and manage the combined litigation and enter further orders consistent with the right of each party to a fair trial as may be appropriate to avoid unnecessary costs, duplicative litigation or delay and to assure fair and efficient conduct and resolution of the litigation, including orders that organize the parties into groups with like interest; appoint counsel to have lead responsibility for certain matters; allocate costs and attorney fees to separate issues into common questions that require treatment on a consolidated basis and individual cases that do not; and stay discovery on the issues that are not consolidated.
Plain-English Summary
Section 8.01-267.1 sets the gate a circuit court must clear before it joins, coordinates, consolidates, or transfers civil actions under Virginia’s Multiple Claimant Litigation Act. On motion of any party, the court needs three findings: separate actions brought by six or more plaintiffs share common questions of law or fact arising from the same transaction, occurrence, or series of transactions or occurrences; those common questions predominate and matter to the actions; and the resulting order will promote justice and efficient handling of the cases, respect each party’s due process rights, and not prejudice any individual party’s shot at a fair, impartial resolution.
The section then lists eight nonexclusive factors the court weighs in deciding whether to combine cases: the nature of the shared questions, convenience to parties, witnesses, and counsel, how far along the individual cases already are, efficient use of judicial resources, the courts’ calendars, the risk of duplicative or inconsistent rulings, the odds that combining the cases would derail a prompt settlement, and, for joint jury trials, the risk of prejudice or confusion.
Once those findings are made, the court gets real management power: organizing plaintiffs into like-interest groups, appointing lead counsel, allocating costs and fees, splitting out common issues for consolidated treatment from individual issues that need separate handling, and staying discovery on matters not being consolidated.
Frequently Asked Questions
How many plaintiffs are required before actions can be consolidated under Virginia’s Multiple Claimant Litigation Act?
Six or more plaintiffs bringing separate civil actions that involve common questions of law or fact arising from the same transaction, occurrence, or series of transactions or occurrences.
What three findings must a circuit court make before consolidating or transferring actions under this chapter?
That six or more plaintiffs’ actions share common, significant questions from the same transaction or occurrence, that the order will promote justice and efficient conduct of the actions, and that it respects due process without prejudicing any party’s right to a fair resolution.
What factors does the court consider in deciding whether to combine cases?
Among others, the nature of the common questions, convenience to parties and witnesses, how far along the cases are, efficient use of judicial resources, court calendars, the risk of inconsistent rulings, the likelihood of prompt settlement, and, for jury trials, the risk of prejudice or confusion.
Can a court appoint lead counsel once it consolidates multiple claimant litigation?
Yes. The section lets the court appoint counsel to have lead responsibility for certain matters as part of organizing the combined litigation.
Can a court stay discovery on issues that are not being consolidated?
Yes. The section authorizes the court to stay discovery on the issues that are not consolidated.
Amendment History
1995, c. 555; 2023, c. 563.
Source & verification. Section text and amendment history are
reproduced verbatim from the Code of Virginia, published by the
Code of Virginia, Virginia Division of Legislative Automated Systems. Last verified July 16, 2026.
· Official source
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