MS · rules
Miss. R. Civ. P. 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 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 Trial. 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, counter-claim, or third-party claim, or of any separate issue
or of any number of claims, cross-claims, counter-claims, third-party claims, or issues,
always preserving inviolate the right of trial by jury as declared by Section 31 of the
Mississippi Constitution of 1890.
(c) Counties Within a Single Circuit or Chancery Court District. When civil
actions involving common questions of fact or law are pending in different counties of a
single Circuit or Chancery Court district, such actions may be consolidated for coordinated
or consolidated pretrial proceedings and, if the actions do not involve trials by jury, may be
consolidated for all purposes. All judges presiding over the cases to be consolidated must
agree to the consolidation and to the judge who will preside over the cases for the purposes
stated herein. For the purposes of this rule, “pretrial proceedings” means all matters presented
to the judge prior to trial except dispositive motions.
History
[Amended February 20, 2004 to correct scrivener’s error; amended effective September 25, 2014.]
Provenance
- Source
- courts.ms.gov
- Retrieved
- 2026-09-25
- Edition
- 2026-09-25
- Content hash
9f1f35aba2bbd16e396b1cb4d21054d46aeb6654daae881f3a309509aed6f008
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