South 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

Under consolidation, the superior court assumes jurisdiction over all matters handled previously by superior and municipal courts; municipal court judges become superior court judges and the municipal courts are abolished.

A party may strike its complaint, counterclaim, cross-claim or third party claim from any docket one time as a matter of right, provided that all parties adverse to that claim, counterclaim, cross-claim or third party claim agree in writing that it may be stricken, and all further agree that if the claim is restored ...

(d)(8) Service by Certified Mail. Service is effective upon the date of delivery as shown on the return receipt. Service pursuant to this paragraph shall not be the basis for the entry of a default or a judgment by default unless the record contains a return receipt showing the acceptance by the defendant.

The court, in furtherance of convenience or to avoid prejudice, or when separate trials will be conducive to expedition and economy, may 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 ...

Consolidation of cases is the administrative joining of separate cases into a single adjudication for all of the parties involved. Consolidation is generally limited to cases involving immediate family members.

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) Explanation. (1) Consolidation may occur where two or more parties have cases which should be united because they contain identical or similar issues or in such other circumstances as justice requires. (2) Joinder may occur where one person has two or more petitions pending and they are united for consideration.

In a consolidation for trial, ?the pleadings, verdicts, findings and judgments are kept separate; the actions are simply tried together for the sake of convenience and judicial economy.? (See Sanchez v. Superior Court, (1988) 203 Cal. App. 3d 1391, 1396).

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 ...

Two similar or identical cases heard in two courts can have very different outcomes. By hearing all cases in a single court, both the plaintiffs and the defendant(s) can expect more consistent results.

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South Carolina Motion to Consolidate - Personal Injury