As amended through January 31, 2024
Rule 42 - [Effective 1/1/2025] Consolidation; separate trials(a)Consolidation If actions including appeals from magistrate court, involve a common question of law or fact, the court: (1) join for hearing or trial of any or all matters at issue in the actions;(2) consolidate the actions; or(3) issue any other orders to avoid unnecessary cost or delay. (b)Consolidation of actions in different courts.(1) When two or more actions arising out of the same transaction or occurrence are pending before different circuit judges, or before a circuit judge and a magistrate court, the circuit judge before which the first such action was commenced shall order all the actions transferred to it or any other court before which any such action is pending.(2) The circuit court to which the actions are transferred may order a joint hearing or trial of any or all of the matters in issue in any of the actions; it may order all the actions consolidated; and it may make such other orders concerning proceedings therein as may tend to avoid unnecessary costs or delay.(3) Whenever one of the actions is pending before a magistrate court and a judgment is rendered by the magistrate court for $15.00 or less, such judgment of the magistrate court shall in no manner affect the other action pending in the circuit court; the doctrine of res judicata shall not apply to such judgment, nor shall any such judgment of the magistrate court be admissible in evidence in the trial of the other action pending in the circuit court.(c)Separate Trials. For convenience, to avoid prejudice, or to expedite and economize, the court may order a separate trial of one or more separate issues, claims, crossclaims, counterclaims, or third-party claims. When ordering a separate trial, the court shall preserve any right to a jury trial.Amended effective 1/1/2025.