Rule 3.350.Consolidation of cases

Division 4. Parties and Actions · Chapter 4. Consolidated Cases · Last amended 2007 · Last verified July 29, 2026

In one sentenceRule 3.350 sets the procedural requirements for a motion to consolidate multiple cases in the same superior court, including what the notice of motion must list, how the lowest-numbered case becomes the lead case, and how the consolidated case must be captioned afterward.

Full Text of Rule 3.350

Text sizeJump to: (a) (b) (c) (d)

(a) Requirements of motion

(1) A notice of motion to consolidate must:

(A) List all named parties in each case, the names of those who have appeared, and the names of their respective attorneys of record;

(B) Contain the captions of all the cases sought to be consolidated, with the lowest numbered case shown first; and

(2) The motion to consolidate:

(A) Is deemed a single motion for the purpose of determining the appropriate filing fee, but memorandums, declarations, and other supporting papers must be filed only in the lowest numbered case;

(B) Must be served on all attorneys of record and all nonrepresented parties in all of the cases sought to be consolidated; and

(C) Must have a proof of service filed as part of the motion. (Subd (a) amended effective January 1, 2007; adopted effective July 1, 1999.)

(b) Lead case Unless otherwise provided in the order granting the motion to consolidate, the lowest numbered case in the consolidated case is the lead case. (Subd (b) amended effective January 1, 2007; adopted effective July 1, 1999.)

(c) Order An order granting or denying all or part of a motion to consolidate must be filed in each case sought to be consolidated. If the motion is granted for all purposes including trial, any subsequent document must be filed only in the lead case. (Subd (c) amended effective January 1, 2007; adopted effective July 1, 1999.)

(d) Caption and case number All documents filed in the consolidated case must include the caption and case number of the lead case, followed by the case numbers of all of the other consolidated cases. (Subd (d) amended effective January 1, 2007; adopted effective July 1, 1999.)

End

Plain-English Summary

Consolidation lets a court manage two or more separately filed cases as one, but Rule 3.350 is careful about how a party gets there. The notice of motion to consolidate has to identify every named party in each case, note who has appeared and who represents them, list the captions of all the cases with the lowest-numbered one first, and be filed separately in each case being consolidated. It counts as a single motion for filing-fee purposes, but the supporting papers — memorandums, declarations, and the rest — only need to be filed once, in the lowest-numbered case, and everyone with an appearance in any of the cases has to be served.

Once the motion is decided, the mechanics simplify. Unless the order granting consolidation says otherwise, the lowest-numbered case becomes the lead case, and the order granting or denying the motion — in whole or in part — must be filed in every case that was part of the request. If the court grants consolidation for all purposes, including trial, later filings only go into the lead case, and every document filed afterward carries the lead case's caption and number first, followed by the numbers of the other consolidated cases.

Frequently Asked Questions

What must a notice of motion to consolidate include?

Rule 3.350(a) requires it to list every named party and their attorneys in each case, the captions of all cases with the lowest numbered case first, and to be filed in each case being consolidated.

Which case becomes the lead case after consolidation?

Rule 3.350(b) makes the lowest numbered case the lead case, unless the order granting the motion to consolidate specifies a different one.

Do I need to pay a separate filing fee for each case listed in the motion?

No. Rule 3.350(a)(2) treats the motion to consolidate as a single motion for purposes of the filing fee, even though it must be filed in every case.

How should documents be captioned after cases are consolidated for trial?

Rule 3.350(d) requires every document to carry the lead case's caption and number, followed by the case numbers of the other consolidated cases.

Amendment History

Rule 3.350 amended and renumbered effective January 1, 2007; adopted as rule 367 effective January 1, 1984; previously amended effective July 1, 1999.

Source & verification. Rule text is reproduced verbatim from the Judicial Council of California. Adopted by the Judicial Council of California. Last verified July 29, 2026. · Official source

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