Rule
42. Consolidation; separate trials; venue transfer.
(a) Consolidation. When actions involving a common question of law or
fact or arising from the same transaction or occurrence are pending before the
court in one or more judicial districts, the court may, on motion of any party
or on the court’s own initiative: order that the actions are consolidated in
whole or in part for any purpose, including for discovery, other pretrial
matters, or a joint hearing or trial; stay any or all of the proceedings in any
action subject to the order; transfer any or all further proceedings in the actions
to a location in which any of the actions is pending after consulting with the
presiding judge of the transferee court; and make other such orders concerning
proceedings therein as may tend to avoid unnecessary costs or delay.
(1) In determining
whether to order consolidation and the appropriate location for the
consolidated proceedings, the court may consider, among other factors: the complexity of the actions; the importance of any common
question of fact or law to the determination of the actions; the risk of
duplicative or inconsistent rulings, orders, or judgments; the relative
procedural postures of the actions; the risk that consolidation may
unreasonably delay the progress, increase the expense, or complicate the
processing of any action; prejudice to any party that far outweighs the overall
benefits of consolidation; the convenience of the parties, witnesses, and
counsel; and the efficient utilization of judicial resources and the facilities
and personnel of the court.
(2) A motion to
consolidate may be filed or opposed by any party. The motion must be filed in
and heard by the judge assigned to the first action filed and must be served on
all parties in each action pursuant to Rule 5.
A notice of the motion must be filed in each action. The movant must, and any
party may, file in each action notice of the order denying or granting the
motion.
(3) If the court
orders consolidation, a new case number will be used for all subsequent filings
in the consolidated case. The court may direct that specified parties pay the
expenses, if any, of consolidation. The presiding judge of the transferee court
may assign the consolidated case to another judge for good cause.
(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.
(c) Venue
Transfer.
(1) On timely motion of any party, where transfer
to a proper venue is available, the court must transfer any action filed in an
improper venue.
(2) The court must give substantial deference to
a plaintiff’s choice of a proper venue. On timely motion of any party, a court
may: transfer venue of any action, in whole
or in part, to any other venue for any purpose, including for discovery, other
pretrial matters, or a joint hearing or trial; stay any or all of the
proceedings in the action; and make other such orders concerning proceedings
therein to pursue the interests of justice and avoid unnecessary costs or
delay. In determining whether to transfer venue and the appropriate
venue for the transferred proceedings, the court may consider, among other
factors, whether transfer will: increase the likelihood of a fair and impartial
determination in the action; minimize expense or inconvenience to parties,
witnesses, or the court; decrease delay; avoid hardship or injustice otherwise
caused by venue requirements; and advance the interests of justice.
(3) The
court may direct that specified parties pay the expenses, if any, of transfer.
Advisory Committee
Notes
Note adopted 2020
The addition of paragraph (c) arose in part from the
Supreme Court’s decision in Davis
County v. Purdue Pharma, L.P,
2020 UT 17.
Effective January 1, 2020.