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 Georgia, consolidation of lawsuits is governed by the Georgia Civil Practice Act and the rules of the specific court where the cases are pending. According to the Official Code of Georgia Annotated (O.C.G.A.) § 9-11-42(a), a court may order a joint hearing or trial of any or all the matters in issue in the lawsuits, or it may order all the actions consolidated, if it has jurisdiction over the cases. This is typically done when the actions involve a common question of law or fact to avoid unnecessary costs or delay. The decision to consolidate is at the discretion of the court and is based on the goal of judicial efficiency and convenience for the parties involved. If the lawsuits are pending in different courts, a transfer may be necessary before consolidation can occur. The transfer process would be subject to the rules and procedures of the courts involved. In federal courts, Rule 42(a) of the Federal Rules of Civil Procedure allows for similar consolidation when cases involve common questions of law or fact.