RULES OF CIVIL PROCEDURE - Supreme Court

RULE 42.Consolidation; Separate Trials(A)Consolidation.(1) Generally. When actions involving a common question of law or fact are pendingbefore a court, that court after a hearing may order a joint hearing or trial of any or all the mattersin issue in the actions; it may order some or all of the actions consolidated; and it may make suchorders concerning proceedings therein as may tend to avoid unnecessary costs or delay.(2) Asbestos, silicosis, or mixed dust disease actions. In tort actions involving anasbestos claim, a silicosis claim, or a mixed dust disease claim, the court may consolidatepending actions for case management purposes. For purposes of trial, the court may consolidatepending actions only with the consent of all parties. Absent the consent of all parties, the courtmay consolidate, for purposes of trial, only those pending actions relating to the same exposedperson and members of the exposed person’s household.(3) As used in division (A)(2) of this rule:Code;(a)“Asbestos claim” has the same meaning as in section 2307.91 of the Revised(b) “Silicosis claim” and “mixed dust disease claim” have the same meaning as insection 2307.84 of the Revised Code;(c) In reference to an asbestos claim, “tort action” has the same meaning as in section2307.91 of the Revised Code;(d) In reference to a silicosis claim or a mixed dust disease claim, “tort action” has thesame meaning as in section 2307.84 of the Revised Code.(B) Separate trials. The court, after a hearing, in furtherance of convenience or toavoid prejudice, or when separate trials will be conducive to expedition and economy, may ordera separate trial of any claim, cross-claim, counterclaim, or third-party claim, or of any separateissue or of any number of claims, cross-claims, counterclaims, or third-party claims, or issues,always preserving inviolate the right to trial by jury.[Effective: July 1, 1970; amended effective July 1, 2005.]Staff Note (July 1, 2005 Amendment)Civ. R. 42 is amended in response to requests from the General Assembly contained in Section 3 ofAm. Sub. H.B. 342 of the 125 th General Assembly, effective September 1, 2004, and Section 4 of Am. Sub.H.B. 292 of the 125 th General Assembly, effective September 2, 2004. These acts contain provisionsgoverning tort claims that allege exposure and injury by persons exposed to asbestos, silica, or mixed dust.