4:38-1. Consolidation
(a) Actions in the Superior Court. When actions involving a common question of law or fact arising out of the same transaction or series of transactions are pending in the Superior Court, the court on a party's or its own motion may order the actions consolidated. If the actions are not triable in the same county or vicinage, the order shall be made by the Assignment Judge of the county in which the venue is laid in the action first instituted on a party’s motion, the judge's own initiative, or on certification of the matter to the judge by a judge of the Law or Chancery Division. A motion to consolidate an action pending in the Special Civil Part with an action pending in the Chancery Division or the Civil Part of the Law Division shall be heard, regardless of which action was first filed, in the county in which venue is laid in the Chancery or Law Division, Civil Part action. If the motion is granted, the Special Civil Part action shall be consolidated with the Chancery or Law Division, Civil Part action.
(b) Actions in the Superior and Other Courts. When an action is pending in the Superior Court, and another action involving a common question of law or fact arising out of the same transaction or series of transactions is pending in any other court, the Superior Court on a party's or its own motion may remove the action from the other court and consolidate it with the action in the Superior Court.
(c) Order; Further Proceedings. Unless the court otherwise directs in the order of consolidation, all papers thereafter filed in the consolidated action shall (1) include the caption and docket number of each separate action, that of the earliest instituted action to be listed first, and (2) state with specificity the pleading or motion to which the paper is responsive. If actions pending in different venues are consolidated, the order shall specify the venue in which the consolidated action shall proceed and the party having the responsibility to file a copy of the order with the deputy clerk of the Superior Court in each county from which an action is being transferred. The order of consolidation may also include such terms as the court may prescribe to expedite further proceedings. In addition to the filing required by R. 1:6-4, a copy of the order of consolidation shall be included in the deputy clerk of the Superior Court's file of each separate action.
