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Timothy D. Smith
Timothy D. Smith, Attorney
Category: Legal
Satisfied Customers: 2019
Experience:  10 years practicing IP law and general litigation
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The Plaintiff has filed three different lawsuites to collect

Resolved Question:

The Plaintiff has filed three different lawsuites to collect on three different credit cards.

The defendant lives several states and 670 miles away, and it is undue burden on him to travel for hearing for three different cases.

How can the Defendant get the three cases merged into one case or ask the court to hear those cases together?

Can he make a motion. If you, what is that motion called and what argument and law should be cited to get a favorable ruling.

I need an answer really quickly.

Thanks
Submitted: 10 months ago.
Category: Legal
Expert:  Timothy D. Smith replied 10 months ago.
I hope this message finds you well. My name is XXXXX XXXXX I am an attorney with over a decade of litigation experience. It is a pleasure to assist you with this matter.

It is possible for cases to be joined together. The cases have to be derived out of the same transaction or occurrence or series of transaction or occurrences. Moreover, there typically needs to be a common nucleus of operative fact. In short, for cases to be consolidated, they generally have to be directed related to one another. If this is a single credit card company and a single debtor, although the cards and lines of credit are derived from different contracts, I see no reason why the debtor/defendant could not file a Motion To Consolidate.

If the suit is in Federal Court, the Rule for Consolidation of actions is Rule 42. Here is a sample form for such a filing in Connecticut:
http://www.findforms.com/single_form.php/form/258582/Motion_to_Consolidate_Cases_District_Court_of_Connecticut_District_Court_of_Connecticut_Connecticut

In summary, you could likely consolidate these three actions as long as it is the same company and the same debtor.

Let me know if you have any other questions or comments.

Best wishes going forward.
Customer: replied 10 months ago.

This is in the CT Superior Court. Any samples for that?

 

Can I present Rule 42 in State court? Do you know the corresponding section in the CT practice book?

 

Do I need to make three different motions to consolidate in all three dockets, or make the motion in one of the dockets and provide the docket information of the other two?

 

Expert:  Timothy D. Smith replied 10 months ago.
You can actually use that same sample approximation for the Superior Court as well. Same basic premise.

You cannot use the Rule 42 citation in state court. You can use Connecticut Statute Section 52-104 as the citation in Superior Court.
Customer: replied 10 months ago.
Again, do I file three motions in three dockets or just one motion in one of the dockets?
Expert:  Timothy D. Smith replied 10 months ago.
You file one motion in which you reference the other two cases by their assigned case numbers, in addition to the case to which you file the motion within.
Timothy D. Smith, Attorney
Category: Legal
Satisfied Customers: 2019
Experience: 10 years practicing IP law and general litigation
Timothy D. Smith and 13 other Legal Specialists are ready to help you
Customer: replied 10 months ago.
Thanks

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