State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_1A > GS_1A-1__Rule_42

Rule 42. Consolidation;separate trials.

(a)        Consolidation. –Except as provided in subdivision (b)(2) of this section, when actionsinvolving a common question of law or fact are pending in one division of thecourt, the judge may order a joint hearing or trial of any or all the mattersin issue in the actions; he may order all the actions consolidated; and he maymake such orders concerning proceedings therein as may tend to avoidunnecessary costs or delay. When actions involving a common question of law orfact are pending in both the superior and the district court of the samecounty, a judge of the superior court in which the action is pending may orderall the actions consolidated, and he may make such orders concerningproceedings therein as may tend to avoid unnecessary costs or delay.

(b)        Separate trials. –

(1)        The court may infurtherance of convenience or to avoid prejudice and shall for considerationsof venue upon timely motion order a separate trial of any claim, cross‑claim,counterclaim, or third‑party claim, or of any separate issue or of anynumber of claims, cross‑claims, counterclaims, third‑party claims,or issues.

(2)        Upon motion of anyparty in an action that includes a claim commenced under Article 1G of Chapter90 of the General Statutes involving a managed care entity as defined in G.S.90‑21.50, the court shall order separate discovery and a separate trialof any claim, cross‑claim, counterclaim, or third‑party claimagainst a physician or other medical provider. (1967, c. 954, s. 1; 2001‑446, s. 4.8.)