Rules of Civil Procedure, Superior Court of Delaware
Rule: 42
Jurisdiction: DE
Bluebook Citation: Del. Super. Ct. Civ. R. 42
(a) Consolidation. When actions involving a common question of law or fact are pending before the Court, it may order a joint hearing or trial of any or all the matters in issue in the actions; it may order all the actions consolidated; and it may make such orders concerning proceedings therein as may tend to avoid unnecessary costs or delay. (b) Separate trials. The Court, in furtherance of convenience or to avoid prejudice, or when separate trials will be conducive to expedition and economy, may order a separate trial of any claim, cross-claim, counterclaim, or third-party claim, or of any separate issue or of any number of claims, cross-claims, counterclaims, third-party claims, or issues. History. Amended, effective Jan. 1, 1967. Rule 42.1. Opening statements by attorneys. In jury trials, the attorney for the plaintiff may make an opening address. The attorney for the defendant may make an opening address either before any testimony is taken on behalf of the plaintiff or at the close of plaintiff’s testimony and before any testimony is offered on behalf of the defendant.
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