State Codes and Statutes

Statutes > Virginia > Title-8-01 > Chapter-5-1 > 8-01-267-1

§ 8.01-267.1. Standards governing consolidation, etc., and transfer.

On motion of any party, a circuit court may enter an order joining,coordinating, consolidating or transferring civil actions as provided in thischapter upon finding that:

1. Separate civil actions brought by six or more plaintiffs involve commonquestions of law or fact and arise out of the same transaction, occurrence orseries of transactions or occurrences;

2. The common questions of law or fact predominate and are significant to theactions; and

3. The order (i) will promote the ends of justice and the just and efficientconduct and disposition of the actions, and (ii) is consistent with eachparty's right to due process of law, and (iii) does not prejudice eachindividual party's right to a fair and impartial resolution of each action.

Factors to be considered by the court include, but are not limited to, (i)the nature of the common questions of law or fact; (ii) the convenience ofthe parties, witnesses and counsel; (iii) the relative stages of the actionsand the work of counsel; (iv) the efficient utilization of judicialfacilities and personnel; (v) the calendar of the courts; (vi) the likelihoodand disadvantages of duplicative and inconsistent rulings, orders orjudgments; (vii) the likelihood of prompt settlement of the actions withoutthe entry of the order; and (viii) as to joint trials by jury, the likelihoodof prejudice or confusion.

The court may organize and manage the combined litigation and enter furtherorders consistent with the right of each party to a fair trial as may beappropriate to avoid unnecessary costs, duplicative litigation or delay andto assure fair and efficient conduct and resolution of the litigation,including but not limited to orders which organize the parties into groupswith like interest; appoint counsel to have lead responsibility for certainmatters; allocate costs and fees to separate issues into common questionsthat require treatment on a consolidated basis and individual cases that donot; and to stay discovery on the issues that are not consolidated.

(1995, c. 555.)

State Codes and Statutes

Statutes > Virginia > Title-8-01 > Chapter-5-1 > 8-01-267-1

§ 8.01-267.1. Standards governing consolidation, etc., and transfer.

On motion of any party, a circuit court may enter an order joining,coordinating, consolidating or transferring civil actions as provided in thischapter upon finding that:

1. Separate civil actions brought by six or more plaintiffs involve commonquestions of law or fact and arise out of the same transaction, occurrence orseries of transactions or occurrences;

2. The common questions of law or fact predominate and are significant to theactions; and

3. The order (i) will promote the ends of justice and the just and efficientconduct and disposition of the actions, and (ii) is consistent with eachparty's right to due process of law, and (iii) does not prejudice eachindividual party's right to a fair and impartial resolution of each action.

Factors to be considered by the court include, but are not limited to, (i)the nature of the common questions of law or fact; (ii) the convenience ofthe parties, witnesses and counsel; (iii) the relative stages of the actionsand the work of counsel; (iv) the efficient utilization of judicialfacilities and personnel; (v) the calendar of the courts; (vi) the likelihoodand disadvantages of duplicative and inconsistent rulings, orders orjudgments; (vii) the likelihood of prompt settlement of the actions withoutthe entry of the order; and (viii) as to joint trials by jury, the likelihoodof prejudice or confusion.

The court may organize and manage the combined litigation and enter furtherorders consistent with the right of each party to a fair trial as may beappropriate to avoid unnecessary costs, duplicative litigation or delay andto assure fair and efficient conduct and resolution of the litigation,including but not limited to orders which organize the parties into groupswith like interest; appoint counsel to have lead responsibility for certainmatters; allocate costs and fees to separate issues into common questionsthat require treatment on a consolidated basis and individual cases that donot; and to stay discovery on the issues that are not consolidated.

(1995, c. 555.)


State Codes and Statutes

State Codes and Statutes

Statutes > Virginia > Title-8-01 > Chapter-5-1 > 8-01-267-1

§ 8.01-267.1. Standards governing consolidation, etc., and transfer.

On motion of any party, a circuit court may enter an order joining,coordinating, consolidating or transferring civil actions as provided in thischapter upon finding that:

1. Separate civil actions brought by six or more plaintiffs involve commonquestions of law or fact and arise out of the same transaction, occurrence orseries of transactions or occurrences;

2. The common questions of law or fact predominate and are significant to theactions; and

3. The order (i) will promote the ends of justice and the just and efficientconduct and disposition of the actions, and (ii) is consistent with eachparty's right to due process of law, and (iii) does not prejudice eachindividual party's right to a fair and impartial resolution of each action.

Factors to be considered by the court include, but are not limited to, (i)the nature of the common questions of law or fact; (ii) the convenience ofthe parties, witnesses and counsel; (iii) the relative stages of the actionsand the work of counsel; (iv) the efficient utilization of judicialfacilities and personnel; (v) the calendar of the courts; (vi) the likelihoodand disadvantages of duplicative and inconsistent rulings, orders orjudgments; (vii) the likelihood of prompt settlement of the actions withoutthe entry of the order; and (viii) as to joint trials by jury, the likelihoodof prejudice or confusion.

The court may organize and manage the combined litigation and enter furtherorders consistent with the right of each party to a fair trial as may beappropriate to avoid unnecessary costs, duplicative litigation or delay andto assure fair and efficient conduct and resolution of the litigation,including but not limited to orders which organize the parties into groupswith like interest; appoint counsel to have lead responsibility for certainmatters; allocate costs and fees to separate issues into common questionsthat require treatment on a consolidated basis and individual cases that donot; and to stay discovery on the issues that are not consolidated.

(1995, c. 555.)