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Multiple Claims and Cases Toolkit (Federal)
Practical Law Toolkit w-000-5956 (Approx. 9 pages)
Multiple Claims and Cases Toolkit (Federal)
by Practical Law Litigation
| Maintained • USA (National/Federal) |
Resources to help counsel with procedural motions related to the administration of multiple claims and cases in federal civil litigation. Specifically, this Toolkit includes links to resources on severance under Federal Rule of Civil Procedure (FRCP) 21, consolidation under FRCP 42(a), separate trials (bifurcation) under FRCP 42(b), transfer of venue for the convenience of parties and witnesses under 28 U.S.C. §1404(a), dismissal or transfer for improper venue under 28 U.S.C. §1406(a), transfer in multidistrict litigation under 28 U.S.C. §1407, and class actions.
This Toolkit offers resources related to the court's administration of multiple claims and cases in federal civil litigation. These resources address key considerations on motions:
- To sever claims under Federal Rule of Civil Procedure (FRCP) 21.
- To consolidate cases under FRCP 42(a).
- For separate trials (or bifurcation) under FRCP 42(b).
- To transfer 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.
This Toolkit also provides links to resources on class actions.