Fill and Sign the Motion to Consolidate Form

IN THE ______________ COURT OF ______________ COUNTY STATE OF ________________       ) )       ) Petitioner/Plaintiff, ) ) ) NO.       Vs. ) )       ) Respondent/Defendant ) ) DEFENDANTS' MOTION TO CONSOLIDATE AND NOTICE OF MOTION COME NOW the Defendants, _______________, _______________ and _______________, through counsel, and move the Court, pursuant to Rule ____ of the _____. R. Civ. P., to enter an Order consolidating for trial the above referenced cause of action, being Civil Action No. _____, and _______________ vs. _______________, Civil Action No. ______, and for grounds would show as follows, to - wit: 1. These two causes of action which are pending before the Circuit Court of _________ County, ___________, involve a common question of law or fact, and consolidation of these two causes of action will avoid the expense, delay and inconvenience of separate trials. 2. Specifically, in Civil Action No. _______, _______________ and _______________ are Plaintiffs and Counter - Defendants. In Civil Action No. ______, _______________ and _______________, along with _______________, are Defendants. In addition, _______________, the Plaintiff in Civil Action No. ______, is the driver of the Defendant's truck in Civil Action No. ______. - 1 - 3. Both causes of action arose as a result of an automobile accident which occurred on or about the ____ day of ____________, 20____, at the intersection of ________ Drive and ________ Drive. The witnesses and much of the discovery in both cases, if not identical, should be similar. Consolidating these two actions presenting a common issue of law and fact would result in trial convenience and judicial economy. Consolidating these actions would also avoid a multiplicity of suits, prevent delay, help clear the Court's congested docket and save numerous costs and expenses. WHEREFORE, for the reasons outlined above, the Defendants move that the above- entitled actions be ordered consolidated for trial purposes and all related discovery thereto. RESPECTFULLY SUBMITTED this the ____ day of ____________, 20____. ______________________________ ______________________________ ______________________________ BY: __________________________ Their Attorney NOTICE OF MOTION TO: _____________________ _____________________ _____________________ - 2 - TAKE NOTICE that the Defendants' Motion to Consolidate will be brought on for hearing before a ____________ County Circuit Court Judge at the ____________ County Courthouse in _____________, _______________, as soon as counsel may be heard. ______________________________ OF COUNSEL CERTIFICATE OF SERVICE I, _______________, do hereby certify that I have this day mailed, by United States mail, postage prepaid, a true and correct copy of the above and foregoing Defendants' Motion to Consolidate and Notice of Motion to _______________ at the following address:__________________________________________________________________. This the ____ day of _____________, 20____. __________________________ - 3 -