Consolidation; Separate Trials

(a) Consolidation. If actions before the court involve a common question of law or fact, the court may: (1) join for hearing or trial any or all matters at issue in the actions; (2) consolidate the actions; or (3) issue any other orders unnecessary cost or delay. to avoid (b) Separate Trials. For convenience, to avoid prejudice, or to expedite and economize, the court may order a separate trial of one or more separate issues, claims, counterclaims, or third-party claims. (c) Separate Determinations of Liability and Damages. (1) In General. On stipulation of the parties or on its own, the court may at any time order that issues of liability and issues of damages be addressed in separate proceedings. (2) Motion for Reconsideration. The parties may file a motion for reconsideration within 14 days after a separate determination of liability. (As revised and reissued May 1, 2002; as amended Nov. 3, 2008, Jan. 11, 2010.) Rules Committee Notes 2002 Revision RCFC 42 remains unchanged. Thus, as before, the rule parallels in part FRCP 42 and, in addition, includes subdivision (c) (“Separate the Determination of Liability”) permitting liability phase of a lawsuit to be separated from, and decided independently of, the quantum phase. 2008 Amendment The language of RCFC 42 has been amended to conform to the general restyling of the FRCP. 2010 Amendment The time period of 10 days formerly set forth in RCFC 42 has been changed to 14 days in accordance with the FRCP’s general guidelines for time computation that became effective December 1, 2009.