60-242.Multicounty and multidistrict litigation.(a) Consolidation. When actions involving a common question of lawor fact are pending before the court in the same or differentcounties in the judicial district, the judge may order a joint hearing ortrial of any or all of the matters in issue in the actions; may orderall the actions consolidated; and may make such orders concerningproceedings therein as may tend to avoid unnecessary costs or delay.
(b) Separate trials. In furtherance of convenience, toavoid prejudice or when separate trials will be conducive to expeditionand economy, the judge may order a separate trial in the county where the action ispending, or a different county in the judicial district, of any claim,cross-claim, counterclaim, third-party claim or any separate issue,or any number of claims, cross-claims, counterclaims, third-party claimsor issues, always preserving inviolate the right of trial by jury.
(c) Multidistrict litigation. (1) When civil actions arising out ofthe same transaction or occurrence or series of transactions or occurrencesare pending in different judicial districts, the supreme court, upon requestof a party or of any court in which one of the actions is pending and uponfinding that a transfer and consolidation will promote the just and efficientconduct of the actions, may order transfer of the pending actions to oneof the counties in which an action is pending. The actions may be consolidatedfor discovery, pretrial proceedings and possible trial. The supreme courtshall assign the consolidated actions to a judge designated by the supremecourt. Actions filed subsequent to the order may be consolidated as provided herein.
(2) The assigned judge shall have the power to conduct all pretrial anddiscovery proceedings, issue orders therein, determine questions of lawsubmitted to the court including motions for summary judgment and, whenthe assigned judge conducts a trial, allocate expenses of the trial among counties.
(3) In the assigned judge's discretion, the assigned judge may conducta joint trial of any or all of the consolidated actions, but all partiesto the actions jointly tried must consent to joint trial. Trials by jurymay be conducted in any county which wouldhave had venue of any of the consolidated actions, subject to a change ofvenue under K.S.A. 60-609 and amendments thereto. If the assigned judgedetermines not to conduct the trial of any one of the consolidated actionsor if any party to any of the consolidated actions does not consent to jointtrial, the assigned judge shall return that action, and the record in thataction, to the district court from which it originated. The assigned judgeshall notify the supreme court of the return of the action.
History: L. 1963, ch. 303, 60-242; amended by SupremeCourt order dated July 17, 1969; L. 1983, ch. 195, § 1; July 1.
60-242.Multicounty and multidistrict litigation.(a) Consolidation. When actions involving a common question of lawor fact are pending before the court in the same or differentcounties in the judicial district, the judge may order a joint hearing ortrial of any or all of the matters in issue in the actions; may orderall the actions consolidated; and may make such orders concerningproceedings therein as may tend to avoid unnecessary costs or delay.
(b) Separate trials. In furtherance of convenience, toavoid prejudice or when separate trials will be conducive to expeditionand economy, the judge may order a separate trial in the county where the action ispending, or a different county in the judicial district, of any claim,cross-claim, counterclaim, third-party claim or any separate issue,or any number of claims, cross-claims, counterclaims, third-party claimsor issues, always preserving inviolate the right of trial by jury.
(c) Multidistrict litigation. (1) When civil actions arising out ofthe same transaction or occurrence or series of transactions or occurrencesare pending in different judicial districts, the supreme court, upon requestof a party or of any court in which one of the actions is pending and uponfinding that a transfer and consolidation will promote the just and efficientconduct of the actions, may order transfer of the pending actions to oneof the counties in which an action is pending. The actions may be consolidatedfor discovery, pretrial proceedings and possible trial. The supreme courtshall assign the consolidated actions to a judge designated by the supremecourt. Actions filed subsequent to the order may be consolidated as provided herein.
(2) The assigned judge shall have the power to conduct all pretrial anddiscovery proceedings, issue orders therein, determine questions of lawsubmitted to the court including motions for summary judgment and, whenthe assigned judge conducts a trial, allocate expenses of the trial among counties.
(3) In the assigned judge's discretion, the assigned judge may conducta joint trial of any or all of the consolidated actions, but all partiesto the actions jointly tried must consent to joint trial. Trials by jurymay be conducted in any county which wouldhave had venue of any of the consolidated actions, subject to a change ofvenue under K.S.A. 60-609 and amendments thereto. If the assigned judgedetermines not to conduct the trial of any one of the consolidated actionsor if any party to any of the consolidated actions does not consent to jointtrial, the assigned judge shall return that action, and the record in thataction, to the district court from which it originated. The assigned judgeshall notify the supreme court of the return of the action.
History: L. 1963, ch. 303, 60-242; amended by SupremeCourt order dated July 17, 1969; L. 1983, ch. 195, § 1; July 1.
60-242.Multicounty and multidistrict litigation.(a) Consolidation. When actions involving a common question of lawor fact are pending before the court in the same or differentcounties in the judicial district, the judge may order a joint hearing ortrial of any or all of the matters in issue in the actions; may orderall the actions consolidated; and may make such orders concerningproceedings therein as may tend to avoid unnecessary costs or delay.
(b) Separate trials. In furtherance of convenience, toavoid prejudice or when separate trials will be conducive to expeditionand economy, the judge may order a separate trial in the county where the action ispending, or a different county in the judicial district, of any claim,cross-claim, counterclaim, third-party claim or any separate issue,or any number of claims, cross-claims, counterclaims, third-party claimsor issues, always preserving inviolate the right of trial by jury.
(c) Multidistrict litigation. (1) When civil actions arising out ofthe same transaction or occurrence or series of transactions or occurrencesare pending in different judicial districts, the supreme court, upon requestof a party or of any court in which one of the actions is pending and uponfinding that a transfer and consolidation will promote the just and efficientconduct of the actions, may order transfer of the pending actions to oneof the counties in which an action is pending. The actions may be consolidatedfor discovery, pretrial proceedings and possible trial. The supreme courtshall assign the consolidated actions to a judge designated by the supremecourt. Actions filed subsequent to the order may be consolidated as provided herein.
(2) The assigned judge shall have the power to conduct all pretrial anddiscovery proceedings, issue orders therein, determine questions of lawsubmitted to the court including motions for summary judgment and, whenthe assigned judge conducts a trial, allocate expenses of the trial among counties.
(3) In the assigned judge's discretion, the assigned judge may conducta joint trial of any or all of the consolidated actions, but all partiesto the actions jointly tried must consent to joint trial. Trials by jurymay be conducted in any county which wouldhave had venue of any of the consolidated actions, subject to a change ofvenue under K.S.A. 60-609 and amendments thereto. If the assigned judgedetermines not to conduct the trial of any one of the consolidated actionsor if any party to any of the consolidated actions does not consent to jointtrial, the assigned judge shall return that action, and the record in thataction, to the district court from which it originated. The assigned judgeshall notify the supreme court of the return of the action.
History: L. 1963, ch. 303, 60-242; amended by SupremeCourt order dated July 17, 1969; L. 1983, ch. 195, § 1; July 1.
