Rule 42.Consolidation; separate trials; venue transfer

Part VI: Trials · Last amended March 6, 2026 · Last verified July 13, 2026

In one sentenceRule 42 lets courts combine related cases, split them apart, or move them to a different court or venue when doing so serves efficiency and fairness.

Full Text of Rule 42

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

(a) Consolidation.

(1) When actions involving a common question of law or fact or arising from the same transaction or occurrence are pending before the court in one or more judicial districts, the court may, on motion of any party or on the court’s own initiative:

(A) order that the actions are consolidated in whole or in part for any purpose, including for discovery, other pretrial matters, or a joint hearing or trial;

(B) stay any or all of the proceedings in any action subject to the order;

(C) transfer any or all further proceedings in the actions to a location in which any of the actions is pending after consulting with the presiding judge of the receiving court; and

(D) make other such orders concerning proceedings therein as may tend to avoid unnecessary costs or delay.

(2) In determining whether to order consolidation and the appropriate location for the consolidated proceedings, the court may consider, among other factors:

(A) the complexity of the actions;

(B) the importance of any common question of fact or law to the determination of the actions;

(D) the case and records classification of each case as described in Rule 4-202.02 of the Utah Code of Judicial Administration;

(E) the relative procedural postures of the actions;

(F) the risk that consolidation may unreasonably delay the progress, increase the expense, or complicate the processing of any action;

(G) prejudice to any party that far outweighs the overall benefits of consolidation;

(H) the convenience of the parties, witnesses, and counsel; and

(I) the efficient utilization of judicial resources and the facilities and personnel of the court.

(3) A motion to consolidate may be filed or opposed by any party to either action to be consolidated, without seeking permission to intervene. The motion must be filed in and heard by the judge assigned to the first action filed and must be served on all parties in each action pursuant to Rule 5. The movant must file in each action notice of the motion and notice of the order denying or granting the motion.

(4) If the court orders consolidation, the consolidated case will be heard by the judge assigned to the first action filed, unless otherwise ordered by the presiding judge or agreed upon by the originally assigned judges. The court will order that a single case number be used for all subsequent filings in the consolidated case.

(b) Consolidation or severance in whole or in part. For convenience or to avoid prejudice, the court may:

(1) order that the consolidated matters be tried together or that a separate trial be held on any one or more claims, crossclaims, counterclaims, third-party claims, or separate issues; or

(2) order that the consolidated matters be severed at any point and provide that the matters be treated as separate actions going forward, including that the severed matters be tried by either the judge in the consolidated matter or the originally assigned judge.

(c) Separate trials in a medical malpractice action. For a malpractice action against a health care provider, the factfinder may not prejudice a defendant by knowing or considering evidence of the claimant's alleged losses for past medical expenses or the past cost of medical equipment before:

(1) liability for the alleged losses has been established; and

(2) any claim or award of noneconomic damages, if any, for the alleged losses has been fully adjudicated or entered.

(d) Reassignment. If the consolidation of actions would be otherwise appropriate but is not administratively possible, the judge assigned to the first action may order the court clerk to reassign the other actions to the judge assigned to the first action. Such actions will be treated for all purposes as if they were consolidated except that the actions will retain their separate case numbers, which must be included on all filings.

(e) Transfer of action to proper venue or the business and chancery court.

(1) Transfer to proper venue.

(A) On timely motion of any party, where transfer to a proper venue is available, the court must transfer any action filed in an improper venue.

(B) The court must give substantial deference to a plaintiff’s choice of a proper venue.

(i) transfer venue of any action, in whole or in part, to any other venue for any purpose, including for discovery, other pretrial matters, or a joint hearing or trial;

(ii) stay any or all of the proceedings in the action; and

(iii) make other such orders concerning proceedings therein to pursue the interests of justice and avoid unnecessary costs or delay.

(2) Transfer to business and chancery court.

(A) If a plaintiff filed the complaint in the district court and the action meets the jurisdictional requirements of the business and chancery court, a party may file a separate notice requesting transfer of the action to the business and chancery court.

(B) If a party makes a request to transfer an action to the business and chancery court within 21 days after the appearance of the party:

(i) the district court must transfer the action to the business and chancery court unless the district court determines that the transfer will prejudice the interests of justice; and

(ii) the district court may not give any deference to the plaintiff’s choice to file the complaint in the district court.

(C) If a party makes a request to transfer an action to the business and chancery court more than 21 days after the appearance of the party, the district court may:

(i) give deference to the plaintiff’s choice to file the complaint in the district court; or

(ii) transfer the action to the business and chancery court if the factors described in paragraph (e)(3) weigh in favor of transfer.

(D) A district court may not transfer the action to the business and chancery court under this rule if the action does not meet the jurisdictional requirements of the business and chancery court.

(3) Factors in determining whether to transfer an action. On a motion under paragraph (e)(1) or (2), a court may consider, among other factors, whether the transfer will:

(A) increase the likelihood of a fair and impartial determination in the action;

(B) minimize expense or inconvenience to parties, witnesses, or the court;

(D) avoid hardship or injustice otherwise caused by:

(i) the venue requirements if the court is determining whether to transfer the action to the appropriate venue under paragraph (e)(1); or

(ii) keeping the action in the district court if the court is determining whether to transfer the action to the business and chancery court under paragraph (e)(2); and

(E) advance the interests of justice.

(4) Expenses. The court may direct that specified parties pay the expenses, if any, of a transfer of an action to the appropriate venue or to the business and chancery court.

(f) Transfer of an action to district court panel.

(1) A party may file a notice to convene a district court panel, as described in Utah Code section 78A-5-102.7, in an action in the district court if the notice to convene is filed within 45 days after:

(A) the day on which the action is commenced;

(B) the day on which the amended complaint is filed if the complaint is amended in the action; or

(2) If a party files a notice to convene a district court panel, the district court judge assigned to the action at the time the notice is filed must:

(A) notify the presiding officer of the Judicial Council that the action must be transferred to a district court panel; and

(B) transfer the action to the district court panel convened to hear and decide the action.

(3) Upon the filing of a notice to convene a district court panel, the district court judge assigned to the action at the time the notice is filed may not sever any matter from the action or take any further action.

(4) A district court panel may transfer an action back to the district court judge assigned to the action at the time the notice was filed if:

(A) the party that filed the notice fails to pay the filing fee if a filing fee is required for the party; or

(B) the panel determines that the notice did not comply with paragraph (f)(1) or with the requirements in Utah Code section 78A-5-102.7.

End

Amendment History

Amended effective November 1, 2003; January 1, 2021; January 28, 2026; February 13, 2026; March 6, 2026.

Advisory Committee Notes

Note adopted 2020: The addition of paragraph (c) arose in part from the Supreme Court’s decision in Davis County v. Purdue Pharma, L.P, 2020 UT 17.

The February 13, 2026 effective date is upon approval by a constitutional two-thirds vote of all members elected to each house.

Plain-English Summary

Rule 42 hands the court a toolbox for managing cases that don't fit neatly into one courtroom or one proceeding. When separate actions share a common question of law or fact — or grow out of the same transaction — the court can consolidate them for any purpose, from discovery through a joint trial, on its own initiative or on a party's motion.

Before consolidating, the court weighs practical factors: how complex the cases are, how much the shared questions matter, the risk of conflicting rulings, each case's classification under the Utah Code of Judicial Administration, how far along each case already is, the risk that combining cases will slow things down or run up costs, and whether any prejudice to a party outweighs the benefits. A motion to consolidate goes to the judge assigned to whichever case was filed first, and once consolidation is ordered, that judge typically keeps the whole package under one case number.

Consolidation isn't all-or-nothing. The court can order separate trials on particular claims within a consolidated case, or later sever cases back apart and send them forward separately. In medical malpractice cases specifically, Rule 42(c) keeps a jury from hearing about a claimant's past medical expenses until liability has been established and any noneconomic damages award has been finally worked out — a sequencing rule meant to keep sympathy for medical bills from coloring the liability decision.

Rule 42(e) covers venue. A court must transfer a case filed in the wrong venue when a party asks in time, and it must give real weight to a plaintiff's choice when the chosen venue is proper. The rule also creates a path to move a qualifying case into the state's business and chancery court: request transfer within 21 days of appearing, and the case generally must move unless transfer would hurt the interests of justice; wait longer, and the district court balances the plaintiff's original choice against the same efficiency and fairness factors that guide venue transfers generally.

Rule 42(f) adds a newer option: a party can ask that a case be heard by a district court panel rather than a single judge, by filing notice within 45 days of specific triggering events. Once that notice is filed, the assigned judge must hand the case off to the panel and can't sever or otherwise act on it in the meantime, though the panel can send a case back if the filing fee goes unpaid or the notice doesn't meet the rule's requirements.

Frequently Asked Questions

When will a court combine my case with another one?

When the cases share a common question of law or fact, or arise from the same transaction or occurrence, weighed against factors like complexity, risk of inconsistent rulings, and possible prejudice.

Can consolidated cases be split apart again later?

Yes. The court can sever consolidated matters at any point and treat them as separate actions going forward.

Why can't a jury hear about my past medical bills right away in a malpractice case?

Rule 42(c) delays that evidence until liability is established and any noneconomic damages have been fully adjudicated, so it doesn't color the liability decision.

What happens if I sue in the wrong venue?

On a timely motion, the court must transfer the case to a proper venue, giving substantial deference to the plaintiff's choice if that choice was itself proper.

How do I move my case to the business and chancery court?

File a notice requesting transfer. Doing so within 21 days of appearing generally forces a transfer unless it would prejudice the interests of justice; a later request is weighed under a discretionary balancing test.

What is a district court panel and how do I request one?

A multi-judge panel that can hear a case instead of a single assigned judge. A party requests it by filing notice within 45 days of the case's commencement, an amended complaint, or the rule's effective date.

Source & verification. Rule text, Advisory Committee Notes, and amendment history are reproduced verbatim from the Utah Rules of Civil Procedure, adopted by the Utah Supreme Court. Last verified July 13, 2026. · Official source

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