2009 Kansas Code
Chapter 60 PROCEDURE, CIVIL
Article 2 RULES OF CIVIL PROCEDURE
60-242. Multicounty and multidistrict litigation.

60-242

Chapter 60.--PROCEDURE, CIVIL Article 2.--RULES OF CIVIL PROCEDURE

      60-242.   Multicounty and multidistrict litigation. (a) Consolidation. When actions involving a common question of law or fact are pending before the court in the same or different counties in the judicial district, the judge may order a joint hearing or trial of any or all of the matters in issue in the actions; may order all the actions consolidated; and may make such orders concerning proceedings therein as may tend to avoid unnecessary costs or delay.

      (b)   Separate trials. In furtherance of convenience, to avoid prejudice or when separate trials will be conducive to expedition and economy, the judge may order a separate trial in the county where the action is pending, or a different county in the judicial district, of any claim, cross-claim, counterclaim, third-party claim or any separate issue, or any number of claims, cross-claims, counterclaims, third-party claims or issues, always preserving inviolate the right of trial by jury.

      (c)   Multidistrict litigation. (1) When civil actions arising out of the same transaction or occurrence or series of transactions or occurrences are pending in different judicial districts, the supreme court, upon request of a party or of any court in which one of the actions is pending and upon finding that a transfer and consolidation will promote the just and efficient conduct of the actions, may order transfer of the pending actions to one of the counties in which an action is pending. The actions may be consolidated for discovery, pretrial proceedings and possible trial. The supreme court shall assign the consolidated actions to a judge designated by the supreme court. Actions filed subsequent to the order may be consolidated as provided herein.

      (2)   The assigned judge shall have the power to conduct all pretrial and discovery proceedings, issue orders therein, determine questions of law submitted to the court including motions for summary judgment and, when the assigned judge conducts a trial, allocate expenses of the trial among counties.

      (3)   In the assigned judge's discretion, the assigned judge may conduct a joint trial of any or all of the consolidated actions, but all parties to the actions jointly tried must consent to joint trial. Trials by jury may be conducted in any county which would have had venue of any of the consolidated actions, subject to a change of venue under K.S.A. 60-609 and amendments thereto. If the assigned judge determines not to conduct the trial of any one of the consolidated actions or if any party to any of the consolidated actions does not consent to joint trial, the assigned judge shall return that action, and the record in that action, to the district court from which it originated. The assigned judge shall notify the supreme court of the return of the action.

      History:   L. 1963, ch. 303, 60-242; amended by Supreme Court order dated July 17, 1969; L. 1983, ch. 195, § 1; July 1.