Skip to content

RULE 42. CONSOLIDATION: SEPARATE TRIALS

July 25, 2011

RULE 42.01: CONSOLIDATION.

When actions involving a common question of law or fact are pending before a court, the court may order all the actions consolidated or heard jointly, and may make such orders concerning proceedings therein as may tend to avoid unnecessary costs or delay.

RULE 42.02: SEPARATE TRIALS.

The court for convenience or to avoid prejudice may in jury trials order a separate trial of any one or more claims, cross-claims, counterclaims, or third-party claims, or issues on which a jury trial has been waived by all parties. For the same purposes the court may, in nonjury trials, order a separate trial of any one or more claims, cross-claims, counterclaims, third-party claims, or issues.

[Amended by order effective July 1, 1997.]

Advisory Commission Comments.

42.01: Prior to the adoption of these Rules, statutes permitted consolidation of suits in certain types of cases, including suits involving (a) mechanics’ and materialmen’s liens, Tenn. Code Ann. § 66-11-132, (b) delinquent taxes, Tenn. Code Ann. § 66-5-2409, and (c) municipal annexation, Tenn. Code Ann. § 6-51-103. The Committee felt that the consolidation of actions or the hearing of them jointly should be encouraged in order to avoid unnecessary delay and expense and the duplication of effort.

42.02: This Rule allows the court, for convenience or to avoid prejudice, to order a separate trial of any one or more claims, cross-claims, counterclaims or third-party claims.

Advisory Commission Comments [1997]. Former constitutional concerns about a “right” to have a general jury verdict on all issues no longer exist in light of Ennix v. Clay, 703 S.W.2d 137 (Tenn. 1986).

Advertisements
Leave a Comment

Don't be shy! Leave a Reply!

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s

%d bloggers like this: