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Rule 2.06

Rule 2.06: Consolidation of Appeals

Section Appellate Practice
(a)   When Consolidation is Permitted. Separate appeals may be consolidated when:

(1)   one or more common issues are so nearly identical that a decision in one appeal would be dispositive of all the appeals; or

(2)   the interest of justice otherwise would be served by consolidation.

(b)   Motion to Consolidate. An appellate court may order consolidation:

(1)   on a party’s motion under Rule 5.01; or

(2)   on its own after notice to the parties to show cause why the appeals should not be consolidated.

(c)   Docket Number of Consolidated Appeals. When a court orders consolidation, all subsequent proceedings will be conducted under the lowest docket number.

(d)   Briefing and Oral Argument. A party in a consolidated appeal may file a separate brief and be separately heard on oral argument.

(e)   Stay in Lieu of Consolidation. In lieu of consolidation, an appellate court may issue an order staying proceedings in an appeal until common issues in a separately pending appeal are determined.

[History: Restyled rule effective July 1, 2012.]
 

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