Order consolidating cases
While separation of issues for trial is not to be routinely ordered, it is important that it be encouraged where experience has demonstrated its worth.
Whenever in this rule any reference is made to the presiding justice, in the Municipal Court of the City of Boston it shall be deemed to refer to the Chief Justice of that court.(d) District Court: Separate Trials. The "Comments" to now-repealed Rule 42(a) of the Dist./ Mun.
The clerk of the court in which the consolidated actions will be heard shall notify all interested parties of the order to consolidate. describe the District Court provisions by noting that under District Court Rule 42(a) (now Mass.
All papers filed in the case, all bonds, and a certified copy of the docket entries shall be forwarded by the clerk(s) of the court(s) of origin to the court where such actions or proceedings are consolidated, and such actions or proceedings shall thereafter proceed in the court to which they are thus transferred as though originally entered there.
In cases (including some cases within the admiralty and maritime jurisdiction) in which the parties have a constitutional or statutory right of trial by jury, separation of issues may give rise to problems. Committee Notes on Rules—2007 Amendment The language of Rule 42 has been amended as part of the general restyling of the Civil Rules to make them more easily understood and to make style and terminology consistent throughout the rules.
Accordingly, the proposed change in Rule 42 reiterates the mandate of Rule 38 respecting preservation of the right to jury trial.