Motion to Consolidate in Maryland

What Is a Motion to Consolidate?

Understanding the Purpose and Significance of a Motion to Consolidate

“Cases pending at the same time in the same court in relation to the same subject matter and which can be conveniently determined by one decree, may be consolidated by order passed after due notice.” (See Duskin v. Duskin (1982) 51 Md. App. 451, 459-60.)

“The avoiding of several suits and the consequent expenses, and the convenience of the thing by facilitating progress, are the advantages of consolidation in proper cases.” (See id; Pitts v. Pitts (1942) 181 Md. 182, 191.)

“When consolidated, the rights of all parties are as fully before the court as if they had been originally combined in one suit." (See id.)

Specifically, pursuant to Rule 2-503(a) of the Maryland Rules of Civil Procedure, “when actions involve a common question of law or fact or a common subject matter, the court, on motion or on its own initiative, may order a joint hearing or trial or consolidation of any or all of the claims, issues, or actions.” (See Md. R. Civ. P. Cir. Ct. 2-503(a)(1); In re Donald Edwin Williams Revocable Trust (2017) 234 Md. App. 472, 491.)

“An action instituted in the District Court may be consolidated with an action pending in a circuit court under the circumstances described in Code, Courts Article, sub. sec. 6-104(b).” (See Md. R. Civ. P. Cir. Ct. 2-503(a)(1).)

“The court may enter any order regulating the proceeding, including the filing and serving of papers, that will tend to avoid unnecessary costs or delay.” (See id.)

“In the trial of a consolidated action, the court may direct that joint or separate verdicts or judgments be entered.” (See Md. R. Civ. P. Cir. Ct. 2-503(a)(2); In re Donald Edwin Williams Revocable Trust (2017) 234 Md. App. 472, 491.)

Discretion of the Court in Deciding a Motion to Consolidate

“When multiple actions are consolidated into a single case, the trial court has discretion in determining whether joint or separate ... judgments be entered.” (See Md. Rule 2–503(a); Waterkeeper Alliance, Inc. v. Md. Dep't of Agric. (2014) 96 A.3d 105, 115-16.)

“Where…the court does not make explicit whether it intended to resolve the consolidated case in joint or separate judgments, we must determine from the record and the applicable law whether the consolidated action should be treated as one case or multiple cases.” (See id.)

“In Yarema v. Exxon Corp.,305 Md. 219, 236, 503 A.2d 239, 248 (1986), we stated: unless the trial court clearly intends that a joint judgment be entered disposing of all cases simultaneously, consolidated cases are not to be treated as a single action for purposes of Rule 2–602; instead, each one of the cases is to be treated as a separate action.” (See id.)

Legal Precedents and Case Law on a Motion to Consolidate

It is well settled that “consolidation may occur for purposes of trial, discovery, and otherwise where practicality warrants.” (See Washington v. Washington, No. 2728, at *20 (Md. Ct. Spec. App. Jan. 24, 2020).)

It is also well settled that “even in a consolidated action, separate judgments could be rendered.” (See id.)

Dockets for Motion to Consolidate in Maryland

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Onwy Uzoigwe vs. Bonnie Ridge Owner, LLC

Filed

Dec 30, 2022

Status

Active

Court

Baltimore County

County

Baltimore County, MD

Case #