This motion to consolidate checklist and list of best practices is part of my Colorado Litigation Checklist approach to litigation knowledge management and litigation strategy.
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Checklist:
- Confer with all parties pursuant to C.R.C.P. 121 Section 1-15(8).
- Explain why cases to be consolidated are factually similar, and address any obstacles to consolidation. See example motion, below, for language.
- Quote standard set forth in C.R.C.P. 42 for consolidation, and specifically address "common questions of law or fact," "unnecessary cost or delay," and "judicial economy" as grounds for consolidation.
- State that C.R.C.P. 121 Section 1-8 requires consolidation into the case that was filed first.
- Attach a proposed order.
- File notice of motion to consolidate, attaching motion to consolidate, in all cases where you are requesting consolidation.
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Thoughts & Best Practices:
- If there is the possibility of inconsistent outcomes between multiple cases, highlight this to the court as an additional basis for consolidation.
- Consider whether judge presiding over case into which cases will be consolidated is favorable to your client's position compared to present judge(s).
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Example Forms:
- Click Here for Example Motion to Consolidate (Locked)
- Click Here for Publicly Editable Motion to Consolidate (Please feel free to make improvements to this form, and comment below to describe what changes were made)
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Jeff Vail is a business litigation attorney in Denver, Colorado. Visit www.vail-law.com for more information.
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This motion to consolidate checklist and list of best practices is part of my Colorado Litigation Checklist approach to litigation knowledge management and litigation strategy.
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