Consolidation of lawsuits may be ordered by a court when two or more lawsuits involving the same or similar parties (plaintiff and defendant), legal issues, and factual issues are pending in the same court or in different courts in the same jurisdiction (state court system or federal court system). If the lawsuits are pending in different courts one case may be transferred to the other court, and the cases consolidated there.

Laws and rules regarding the consolidation—or transfer and consolidation—of lawsuits vary from state to state and in the federal court system.

In Florida, consolidation of lawsuits is governed by the Florida Rules of Civil Procedure, specifically Rule 1.270(a), which allows for consolidation when actions involving a common question of law or fact are pending before the court. This is to avoid unnecessary costs or delay. The court has the discretion to order consolidation if it finds that the actions are related to the extent that they involve the same parties, issues, and facts. Additionally, the court may order a joint hearing or trial of any or all the matters in question in the actions. If the lawsuits are pending in different courts, a transfer may be necessary before consolidation can occur. The decision to consolidate is case-specific and is made by the judge considering factors such as judicial efficiency, the risk of inconsistent rulings, and the convenience of the parties. Federal courts follow a similar principle under Rule 42(a) of the Federal Rules of Civil Procedure, which also allows for consolidation when cases involve common questions of law or fact.