Enacted effective October 1, 2011 · Last verified June 26, 2026
In one sentenceRule 42 lets a court consolidate cases that share a common question of law or fact, and order separate trials of particular issues or claims for convenience, to avoid prejudice, or to economize.
(a)Consolidation. If actions before the court involve a common question of law or fact, the court may:
(1)join for hearing or trial any or all matters at issue in the actions;
(2)consolidate the actions; or
(3)issue any other orders to avoid unnecessary cost or delay.
(b)Separate Trials. For convenience, to avoid prejudice, or to expedite and economize, the court may order a separate trial of one or more separate issues, claims, crossclaims, counterclaims, or third-party claims. When ordering a separate trial, the court must preserve any statutory or constitutional right to a jury trial.
Plain-English Summary
Rule 42 gives the court two complementary case-management tools. When separate actions share a common question of law or fact, the court may consolidate them — joining some or all issues for hearing or trial — to avoid duplicated cost and delay. Conversely, the court may order a separate trial of one or more issues or claims for convenience, to avoid prejudice, or to expedite and economize, so long as it preserves any constitutional or statutory right to a jury trial.
Frequently Asked Questions
When can cases be consolidated?
When the actions before the court involve a common question of law or fact, the court may join issues for trial, consolidate the cases, or issue other orders to avoid unnecessary cost or delay.
Can the court split a case into separate trials?
Yes. For convenience, to avoid prejudice, or to economize, the court may order separate trials of issues, claims, counterclaims, crossclaims, or third-party claims, while preserving any right to a jury trial.
Source & verification. Reproduced verbatim from the Montana Code Annotated as
published by the State Law Library of Montana and the Montana Legislature. This rule has not been amended since its adoption.
Adopted by the Supreme Court of Montana (AF 07-0157). Last verified June 26, 2026. ·
Official text
Also known as:consolidationseparate trialsbifurcationconsolidate