2021 Georgia Code
Title 9 - Civil Practice
Chapter 11 - Civil Practice Act
Article 6 - Trials
§ 9-11-42. Consolidation; Severance

1. Consolidation. When actions involving a common question of law or fact are pending before the court, if the parties consent, the court 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 delay.
2. Separate trials. The court, in furtherance of convenience or to avoid prejudice, 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 claims, or issues.

(Ga. L. 1966, p. 609, § 42.)

- For article discussing counterclaims and crossclaims under the Georgia Civil Practice Act, see 4 Ga. St. B.J 205 (1967). For article, "Synopses of 1968 Amendments to the Appellate Procedure Act and Georgia Civil Practice Act," see 4 Ga. St. B.J. 503 (1968). For article discussing liability of corporate directors, officers, and shareholders under the Georgia Business Corporation Code, and as affected by provisions of the Georgia Civil Practice Act, see 7 Ga. St. B.J. 277 (1971). For article, "Mass Torts and Litigation Disasters," see 20 Ga. L. Rev. 429 (1986). For article, "A Comment on Mass Torts and Litigation Disasters," see 20 Ga. L. Rev. 455 (1986). For article, "Georgia Law of Alimony," see 4 Ga. St. B.J. 54 (1999).

ANALYSIS

• General Consideration
• Consolidation
• Separate trials

RESEARCH REFERENCES

Am. Jur. 2d.

- 1 Am. Jur. 2d, Actions, § 110 et seq. 75 Am. Jur. 2d, Trial, §§ 58 et seq., 71, 75 et seq., 80 et seq., 92 et seq.

- 1A C.J.S., Actions, § 345 et seq. 35A C.J.S., Federal Civil Procedure, §§ 43, 44, 45, 47. 35B C.J.S., Federal Civil Procedure, § 956 et seq. 88 C.J.S., Trial, § 12 et seq.

- Availability as set-off or counterclaim of claim in favor of one alone of several defendants, 10 A.L.R. 1252; 81 A.L.R. 781.

Propriety of consolidation for trial of actions for personal injuries, death, or property damage arising out of same accident, 104 A.L.R. 62; 68 A.L.R.2d 1372.

Different benefits or claims of benefit under a policy of insurance as constituting a single cause of action or separate causes, 159 A.L.R. 563.

Right of defendant sued jointly with another or others in action for personal injury or death to separate trial, 174 A.L.R. 734.

Separate trial of issues of liability and damages in tort, 85 A.L.R.2d 9.

Right of plaintiff suing jointly with others to separate trial or order of severance, 99 A.L.R.2d 670.

Propriety of separate trials of issues of tort liability and of validity and effect of release, 4 A.L.R.3d 456.

Appealability of state court order granting or denying consolidation, severance, or separate trials, 77 A.L.R.3d 1082.

Necessity of trial or proceeding, separate from main condemnation trial or proceeding, to determine divided interest in state condemnation award, 94 A.L.R.3d 696.

Intoxication of automobile driver as basis for awarding punitive damages, 33 A.L.R.5th 303.