Motion to Consolidate/Join Cases in New Hampshire

Understanding the Purpose and Significance of a Motion to Consolidate

“It is well established in our state that the Superior Court may order a consolidation of suits or some other convenient procedure which will protect the rights of the parties involved.” (See Perkins v. Associates (1956) 100 N.H. 247, 248.)

“The test is what on the whole justice requires.” (See id.)

“The difficulties resulting from a multiplicity of suits may be avoided to a certain extent if the suits are consolidated and tried together.” (See Hampton v. Palmer (1954) 99 N.H. 143, 146.)

Procedural Steps Involved in Filing a Motion to Consolidate

Consolidation of actions is governed under Rule 113 of the New Hampshire Circuit Court.

The rule states that “whenever a Motion is filed in any county requesting the transfer of an action there pending to another county for trial with an action there pending, arising out of the same transaction or event or involving common issues of law, and/or fact, after notice to all Parties in all related actions pending in the state, the Court may make such order for consolidation in any one of such counties in which such actions are pending. The Court, on its own Motion, may initiate consolidation.” (See N.H. R. Cir. Ct. Prob. Div. 113.)

Additionally, rules of consolidation are also enumerated in New Hampshire Superior Court Rules, Rule 10, subsection D.

That rule states that “unless otherwise provided by law, whenever a third party may be liable to a defendant in any pending action for any of the plaintiff's claim against said defendant, or if said defendant may have a claim against a third party depending upon the determination of an issue or issues in said pending d said defendant may bring an action against said third party and, unless otherwise ordered on motion of any party, such action will be consolidated for trial with the pending action or, if justice requires, said third party may be made a party to the pending action, for the purpose of being bound by the determination of any common issues.” (See N.H. R. Super. Ct. 10(d).)

“However, except for good cause shown to prevent injustice and upon such terms as the court may order, no such action will be consolidated with or said third party joined in said pending action, unless suit is brought against said third party within 30 days following filing of the defendant's Answer in said pending action.” (See id.)

Discretion of the Court in Deciding a Motion to Consolidate

“This court's applicable standard of review is that the resolution of consolidation questions lies within the sound discretion of the trial court and . . . in the absence of a showing of an abuse of this discretion, its ruling will not be disturbed on appeal.” (See State v. Manna (1988) 130 N.H. 306, 309.)

Legal Precedents and Case Law on a Motion to Consolidate

It is well settled that “conflicting claims flowing from a common source should be determined in a single action, thus avoiding vexatious litigation and conflicting judgments.” (See Boucher v. Bailey (1977) 117 N.H. 590, 592.)

As such, it is also well settled that when “two actions [are] raised [with] identical issues and [arise] from the same facts, they [are] consolidated and tried together.” (See Alton v. Fisher (1974) 114 N.H. 359, 360.)