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Rule 42 (trp edits) (01686289).DOCX

Rule42. Consolidation; separate trials; venue transfer.

(a) Consolidation. When actions involving a common question of law orfact or arising from the same transaction or occurrence are pending before thecourt in one or more judicial districts, the court may, on motion of any partyor on the court?s own initiative: order that the actions are consolidated inwhole or in part for any purpose, including for discovery, other pretrialmatters, or a joint hearing or trial; stay any or all of the proceedings in anyaction subject to the order; transfer any or all further proceedings in the actionsto a location in which any of the actions is pending after consulting with thepresiding judge of the transferee court; and make other such orders concerningproceedings therein as may tend to avoid unnecessary costs or delay.

(1) In determiningwhether to order consolidation and the appropriate location for theconsolidated proceedings, the court may consider, among other factors: the complexity of the actions; the importance of any commonquestion of fact or law to the determination of the actions; the risk ofduplicative or inconsistent rulings, orders, or judgments; the relativeprocedural postures of the actions; the risk that consolidation mayunreasonably delay the progress, increase the expense, or complicate theprocessing of any action; prejudice to any party that far outweighs the overallbenefits of consolidation; the convenience of the parties, witnesses, andcounsel; and the efficient utilization of judicial resources and the facilitiesand personnel of the court.

(2) A motion toconsolidate may be filed or opposed by any party. The motion must be filed inand heard by the judge assigned to the first action filed and must be served onall parties in each action pursuant to Rule 5.A notice of the motion must be filed in each action. The movant must, and anyparty may, file in each action notice of the order denying or granting themotion.?

(3) If the courtorders consolidation, a new case number will be used for all subsequent filingsin the consolidated case. The court may direct that specified parties pay theexpenses, if any, of consolidation. The presiding judge of the transferee courtmay assign the consolidated case to another judge for good cause.

(b) Separate trials. The court in furtherance of convenience or toavoid prejudice may order a separate trial of any claim, cross claim,counterclaim, or third party claim, or of any separate issue or of any numberof claims, cross claims, counterclaims, third party claims, or issues.

(c) VenueTransfer.

(1) On timely motion of any party, where transferto a proper venue is available, the court must transfer any action filed in animproper venue.

(2) The court must give substantial deference toa plaintiff?s choice of a proper venue. On timely motion of any party, a courtmay: transfer venue of any action, in wholeor in part, to any other venue for any purpose, including for discovery, otherpretrial matters, or a joint hearing or trial; stay any or all of theproceedings in the action; and make other such orders concerning proceedingstherein to pursue the interests of justice and avoid unnecessary costs ordelay. In determining whether to transfer venue and the appropriatevenue for the transferred proceedings, the court may consider, among otherfactors, whether transfer will: increase the likelihood of a fair and impartialdetermination in the action; minimize expense or inconvenience to parties,witnesses, or the court; decrease delay; avoid hardship or injustice otherwisecaused by venue requirements; and advance the interests of justice.?

(3) Thecourt may direct that specified parties pay the expenses, if any, of transfer.

 

Advisory CommitteeNotes

Note adopted 2020 ?

The addition of paragraph (c) arose in part from theSupreme Court?s decision in DavisCounty v. Purdue Pharma, L.P,2020 UT 17.

 

Effective January 1, 2020.