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.
(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).
EXPLANATORY NOTE
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.
SOURCES: Joint Procedure Committee Minutes of November 29-30, 1979, page 11; Rule 42, FRCivP.
STATUTES AFFECTED:
SUPERSEDED: Section 28-1213, 28-1215, NDRC 1943.
CROSS REFERENCE: Rule 54 (Judgment Costs), N.D.R.Civ.P..