Wednesday, August 5, 2009
4:60-16. Consolidation of Actions
Whenever 2 or more plaintiffs in separate actions shall obtain writs of attachment against the same defendant and levy upon the same property, the several actions may be consolidated for the purpose of determining the disposition of the attached property. The plaintiff whose writ of attachment first became a lien on the property shall be deemed to be the plaintiff in the consolidated action and all other plaintiffs shall be in the position of applying claimants. If such actions are pending in the same court and are triable in the same county or vicinage, the order ofconsolidation shall be made by any judge sitting in the court. If any of such actions are pending in different courts or are triable in different counties or vicinages, the order of consolidation shall be made by the Assignment Judge of the county where the first writ of attachment was issued, and the procedure shall be governed by R. 4:38-1 insofar as applicable.