C

Definition

Consolidation is a procedural tool that allows individual cases involving common questions of fact or law to be jointly heard and resolved by a court or tribunal. It is a procedural device granted to the court.

Purpose of Consolidation

The purpose of consolidation is multifaceted. It aims to avoid the multiplicity of suits, prevent delay, clear congested court dockets, simplify the work of the trial court, and save unnecessary costs and vexation for the parties-litigants. By hearing and deciding cases together, it expedites the determination of all matters in controversy involving one subject matter.

Requisites of Consolidation

For consolidation to be proper, certain conditions must generally be met:

• There must be two or more actions pending before a court.
• The actions must involve common questions of fact or law.
• The actions should involve common parties and subject matter. Alternatively, they may arise from the same act, event, or transaction, or involve the same or like issues, and depend largely or substantially on the same evidence.

Senses of Consolidation

1. Quasi-Consolidation: Where all cases are stayed or suspended until one case is tried, with the judgment in the case that proceeded to trial being conclusive as to the others. This is not actually consolidation.
2. Actual Consolidation: Where several actions are combined into one, losing their separate identities and becoming a single action. Judgment is rendered in this single consolidated action, even if the original actions arose out of one complaint.
3. Consolidation for Trial: Where several actions are ordered to be tried together because they retain their separate character and require the entry of separate judgments. The purpose is to facilitate joint hearing but the cases do not merge into a single action. This type allows parties to the other action or cause to be parties to the consolidation for trial.

Discretionary Nature and Proper Application

Consolidation is a matter of discretion for the court. The court "may" order a joint hearing or trial when actions involve a common question of law or fact pending before it. This discretionary power is indicated by the use of the word "may" in the rule. Consolidation is considered proper when two or more cases involve the same parties and closely related subject matters and are tried jointly to serve the best interest of the parties and expedite determination. Where cases are pending before different branches of a court, the case originally belonging to the first judge to whom it was assigned takes precedence.

Effects of Consolidation

Consolidated cases do not lose their distinct character for purposes of appeal. A judgment rendered in one of the consolidated cases may be appealed separately. However, if the consolidation was of the "actual consolidation" type where cases merge into a single action, the judgment would presumably be a single judgment.