Practice question
A judge finds that separately trying a counterclaim or a discrete issue would improve convenience and avoid prejudice. Explain the authority and why a separate-trial order is not itself a merits dismissal.
Legal references
- https://lawphil.net/courts/rules/rc_1-71_civil.html — Rule 31 sections 1–2, consolidation, joint hearing and separate trials.
- https://lawphil.net/courts/rules/am_19-10-20-sc_2019.html — 2019 amendments retaining Rule 31 without amendment.
- https://lawphil.net/judjuris/juri2012/apr2012/gr_173820_2012.html — Producers Bank v. Excelsa Industries, G.R. No. 173820, April 16, 2012, main decision distinguishing forms and effects of consolidation.
- https://lawphil.net/judjuris/juri2009/jun2009/gr_183211_2009.html — PNB v. Gotesco Tyan Ming Development, G.R. No. 183211, June 5, 2009, jurisdiction and protection against prejudice in consolidation.
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