Practice question
Two pending negligence actions before a competent court concern the same accident and substantially overlapping witnesses. A party requests a joint hearing to avoid repeating the common testimony. What does Rule 31 permit?
- Automatic dismissal of one action merely because it is related
- Mandatory judgment against both defendants without trial
- A joint hearing or trial of common matters, subject to judicial discretion and fairness
- Unrestricted merger regardless of the court’s jurisdiction
- A rule that different plaintiffs can never share a common factual question
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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