North Carolina Motion to Consolidate - Personal Injury

State:
Multi-State
Control #:
US-PI-0084
Format:
Word; 
Rich Text
Instant download

Description

This form is a sample motion by the defendant in a personal injury action request that the court consolidate the trials of two separate actions arising out of the same set of facts.
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FAQ

Notes on the Motion to Consolidate: This motion is appropriate to consolidate for hearing two separate appeals from two separate cases that involve a similar legal issue or issues. Any party to an action may move to consolidate two or more appeals "that involve common issues of law." N.C. R. App.

A. : to combine (two or more lawsuits or matters that involve a common question of law or fact) into one compare class action. Note: Consolidation of matters in the federal courts is governed by Rule 42 of the Federal Rules of Civil Procedure.

Rule 4.03 (FRCP 42) Motions to Consolidate. A party desiring the consolidation of related cases shall file a motion in the case bearing the lowest cause number. The movant shall file in each related case a notice of the motion, to which a copy of the motion shall be attached.

Federal Rule of Civil Procedure 12(b)(6) authorizes dismissal of a complaint for failure to state a claim upon which relief can be granted. The complaint must be liberally construed in the plaintiff's favor, and all facts pleaded in the complaint must be taken as true.

When actions involving a common question of law or fact are pending before the court, it may order a joint hearing or trial of any or all the matters in issue in the actions; it may order all the actions consolidated; and it may make such orders concerning proceedings therein as may tend to avoid unnecessary costs or ...

A Motion to Consolidate is a request to combine the assets and liabilities of two or more debtors, which is in contrast to a Motion for Joint Administration which merely seeks to procedurally administer two or more cases together.

(1) The court may in furtherance of convenience or to avoid prejudice and shall for considerations of venue upon timely motion order a separate trial of any claim, cross-claim, counterclaim, or third-party claim, or of any separate issue or of any number of claims, cross-claims, counterclaims, third-party claims, or ...

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North Carolina Motion to Consolidate - Personal Injury