§ Rule 42. Consolidation; Separate Trials

Codes > District of Columbia Official Code > Superior Court > VI. Trials > Rule 42.

Rule 42. Consolidation; Separate Trials

(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 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. Any motion to consolidate two or more civil actions shall be decided by the judge on whose calendar appears the oldest assigned case covered by the motion. If the motion is granted, all the consolidated cases shall be placed on the calendar of the judge who granted the motion.

(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 Seventh Amendment to the Constitution or as given by an applicable statute.

(c) Related Cases.

(1) Civil cases are deemed related when the earliest is still pending on the merits in the Superior Court and they (i) involve common property; or (ii) involve common issues of fact; or, (iii) grow out of the same event or transaction; or, (iv) involve common and unique issues of law which appear to be of first impression in this jurisdiction.

(2) The parties shall notify the clerk of the existence of related cases as follows: At the time of filing a civil case, the plaintiff or his attorney shall indicate on a form provided by the clerk, the name, docket number and relationship of any related cases pending in the Superior Court or in the D.C. Court of Appeals. The plaintiff shall serve a copy of this form on the defendant with the complaint. The defendant shall serve a statement with the first responsive pleading either objecting or concurring with the related case designation.

(3) Whenever an attorney or party becomes aware of the existence of a related case, he or she shall immediately notify, in writing, the judges on whose calendars the cases appear.