RULE 42. CONSOLIDATION: SEPARATE TRIALS

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Rule 42.02: Separate Trials.

The court for convenience or to avoid prejudice may in jury trials order a separate trial of any one or more claims, cross-claims, counterclaims, or third-party claims, or issues on which a jury trial has been waived by all parties. For the same purposes the court may, in nonjury trials, order a separate trial of any one or more claims, cross-claims, counterclaims, third-party claims, or issues.

[Amended by order effective July 1, 1997.]

Advisory Commission Comments.

42.01: Prior to the adoption of these Rules, statutes permitted consolidation of suits in certain types of cases, including suits involving (a) mechanics' and materialmen's liens, Tenn. Code Ann. § 66-11-132, (b) delinquent taxes, Tenn. Code Ann. § 66-5-2409, and (c) municipal annexation, Tenn. Code Ann. § 6-51-103. The Committee felt that the consolidation of actions or the hearing of them jointly should be encouraged in order to avoid unnecessary delay and expense and the duplication of effort.

42.02: This Rule allows the court, for convenience or to avoid prejudice, to order a separate trial of any one or more claims, cross-claims, counterclaims or third-party claims.

Advisory Commission Comments [1997]. Former constitutional concerns about a "right" to have a general jury verdict on all issues no longer exist in light of Ennix v. Clay, 703 S.W.2d 137 (Tenn. 1986).

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