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Litigation & Court Documents

How to Draft a Motion to Consolidate Cases

When related cases are moving through court separately, consolidation can save time and money — if the motion makes the overlap clear.

5 min read

A motion to consolidate asks the court to combine two or more related cases into a single proceeding, usually to avoid duplicative discovery, inconsistent rulings, and unnecessary cost when the cases share common facts or legal issues.

Showing a common question of law or fact

The core requirement is demonstrating genuine overlap between the cases — shared parties, transactions, or legal questions — not just superficial similarity. The motion should lay this overlap out concretely, case by case.

Weighing efficiency against complication

Courts also consider whether consolidation would actually simplify things or instead create confusion — combining cases with very different procedural postures or timelines can slow both down rather than help.

Addressing objections before they're raised

If any party is likely to argue that consolidation would prejudice them — by delaying a case that was ready to move faster on its own, for instance — the motion is stronger if it addresses that concern directly rather than leaving it to the response.

Getting the case numbers and procedural history right

Consolidation motions require precise identification of every case involved, their current procedural status, and the court where each is pending — errors here are a common and avoidable reason these motions get bounced back for correction.

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