Bifurcation, Consolidation, Joinder, and Transfer Toolkit
Resources to help counsel prepare, file, and serve procedural motions relating to claims and parties management and transfer of venue. This Toolkit includes resources on motions to consolidate under Federal Rule of Civil Procedure (FRCP) 42(a), motions for separate trials (bifurcation) under FRCP 42(b), motions to sever under FRCP 21, motions to transfer venue for the convenience of parties and witnesses under 28 U.S.C. § 1404(a), motions to dismiss or transfer for improper venue under 28 U.S.C. § 1406(a), and motions to transfer in multidistrict litigation under 28 U.S.C. § 1407.
This Toolkit offers resources on procedural motions relating to case and claims management in federal civil litigation, as well as transfer of venue. These resources address key considerations for preparing, filing, and serving motions:
To consolidate cases under Federal Rule of Civil Procedure (FRCP) 42(a).
For separate trials (or bifurcation) under FRCP 42(b).
To sever claims or parties under FRCP 21 to cure misjoinder and nonjoinder.
To transfer ( www.practicallaw.com/7-501-5205) cases under:
28 U.S.C § 1404(a), which applies when a plaintiff's chosen venue is proper, but transfer is warranted based on the convenience of parties and witnesses and in the interests of justice;
28 U.S.C. § 1406(a), which applies when a plaintiff files a lawsuit in an improper venue; and
28 U.S.C. § 1407(a), which governs motions to transfer in multidistrict litigation ( www.practicallaw.com/5-501-7154) .