Consolidating cases ny court
If the remaining cases do not settle, they will be tried on damages, but not liability, because the parties will have stipulated to be bound by the liability result. The number of parties will substantially increase so as the cost of furnishing the parties with pleadings, thereby defeating the very rationale behind consolidation. It may be granted if the cases involve common questions of law or fact to be resolved. Any new pleadings, motions, or other documents in the surviving action will have the caption of the surviving action only and this caption should reflect the case numbers of the consolidated cases.
When the cases involve similar or related questions to be decided, the court may consolidate the cases in order to promote the efficient use of judicial resources. How to Consolidate First, determine if a motion to consolidate is best for your client. It also applies when cases are pending in the same court by virtue of a transfer of one or more petitions from another court. Consolidation should be denied when prejudice would result to any of the parties or would cause complications, delay, prejudice, cut off, or restrict the rights of a party.
Such consolidation is desirable to avoid confusion and unnecessary costs and expenses with the multiplicity of suits. United Overseas Bank Phils. You should move to consolidate, especially for discovery purposes, as soon as possible for efficient handling of the case. Subdivision c allows the court discretion regarding the order of trial of issues raised by two or more involuntary petitions against the same debtor. Be sure to review the local rules or customs for specific rules and guidelines regarding motion practice.
In this context, California State is extraterritorial with respect to federal municipal jurisdiction. If the motion is granted for all purposes including trial, any subsequent document must be filed only in the lead case. Thus, the consolidation would unduly prejudice the banks and would lead to complications, delay or restriction on the right of the banks to the immediate dismissal of the Vitarich proceedings. In the said case, a joint trial of the two cases was justified because both arose out of, or an incident of, the same Dealership Agreement. Thank you very much for your professional consideration.
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