- SEPARATE TRIALS
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.
If actions before the court involve a common question of law or fact, the court may:
(1) join for hearing or trial 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) Separate trials.
The court in furtherance of convenience or to avoid
prejudice 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, and may direct
a final judgment in accordance with the provisions of Rule 54(b).
For convenience or to avoid prejudice, 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 must preserve any right to a jury trial.
Rule 42 was amended, effective March 1, 2011.
Rule 42 is
identical to Rule 42, FRCivP, except
for the deletion from subdivision (b) of a
provision allowing the court to order separate trials if conducive to "expedition and
economy" and a clause preserving the right to trial by jury, and the addition of authority for
the court to direct a final judgment derived from Fed.R.Civ.P.
Rule 42 was amended, effective March 1, 2011, in response to the December 1, 2007, revision of the Federal Rules of Civil Procedure. The language and organization of the rule were changed to make the rule more easily understood and to make style and terminology consistent throughout the rules.
Sources: Joint Procedure Committee
Minutes of January 29-30, 2009, page 34; November
29-30, 1979, page 11;
Rule Fed.R.Civ.P. 42 ,
Affected: Superseded: N.D.R.C. 1943
§§ 28-1213, 28-1215. Cross Reference: Rule 54
(Judgment - Costs), N.D.R.Civ.P.