Motion to Consolidate/Join Cases in Arkansas

General Information for Complaints and Motions

Under Arkansas Rules of Civil Procedure, Rule 42(a), “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.”

(Id.)

Standard of Review and Burdens of Proof

“A court's decision to consolidate cases will not be reversed absent a showing of abuse of the court's discretion.” (Moreland v. Hortman (2001) 72 Ark. App. 363, 367 citing Pennington v. Harvest Foods, Inc. (1996) 326 Ark. 704, 716.)

The Court’s Decision

“The primary purpose of the rule [Rule 42(a)] is to advance judicial economy so long as the parties are not prejudiced. [...] The trial court's abuse of discretion in denying severance can be demonstrated by a showing of prejudice to the complaining party.” (Pennington v. Harvest Foods, Inc. (1996) 326 Ark. 704, 716.)