On motion of any party, a circuit court in which separate civil actions are pending which were brought by six or more plaintiffs may enter an order coordinating, consolidating or joining any or all of the proceedings in the actions upon making the findings required by § 8.01-267.1. The order may provide for any or all of the following:
§ 8.01-267.3.Consolidation and other combined proceedings.
Chapter 5.1. Multiple Claimant Litigation Act · Last amended 1995 · Last verified July 16, 2026
In one sentenceSection 8.01-267.3 lets a circuit court with pending actions from six or more plaintiffs order coordinated or consolidated pretrial proceedings, a joint hearing or jury trial on common questions, or full consolidation of the actions, once it makes the findings required by § 8.01-267.1.
Full Text of § 8.01-267.3
1. Coordinated or consolidated pretrial proceedings;
2. A joint hearing or, if requested by any party, trial by jury with respect to any or all common questions at issue in the actions; or
3. Consolidation of the actions.
Plain-English Summary
Once the standards in § 8.01-267.1 are satisfied, § 8.01-267.3 spells out what a circuit court can order for actions already pending before it. On motion of any party, in a court where separate actions brought by six or more plaintiffs are pending, the court may coordinate, consolidate, or join any or all of the proceedings.
The section names three specific tools, which the court can mix and match: coordinated or consolidated pretrial proceedings, so discovery and motions practice run together instead of duplicating across cases; a joint hearing or, if any party requests it, a joint jury trial on any or all common questions at issue; or full consolidation of the actions into one proceeding. Each option requires the same underlying findings under § 8.01-267.1, but the court can choose the combination that fits the litigation.
Frequently Asked Questions
What court can order consolidation under § 8.01-267.3?
A circuit court in which separate civil actions brought by six or more plaintiffs are pending.
What must the court find before ordering consolidation under this section?
The findings required by § 8.01-267.1 — common, predominant questions from the same transaction or occurrence, and that the order serves justice and due process.
Can a court order a joint jury trial on common questions instead of full consolidation?
Yes. Subdivision 2 lets the court order a joint hearing or, if any party requests it, trial by jury on any or all common questions at issue.
Can the order under this section be limited to pretrial matters only?
Yes. Subdivision 1 authorizes coordinated or consolidated pretrial proceedings without necessarily consolidating the actions for trial.
Who can move for consolidation under § 8.01-267.3?
Any party to one of the pending actions.
Amendment History
1995, c. 555.
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
Also known as: virginia mcla consolidation order8.01-267.3 explainedconsolidated pretrial proceedings virginiajoint jury trial common questions virginiavirginia multiple claimant litigation consolidation