Rule 42. Consolidation; Separate Trials

(A) Consolidation

(1) Generally If actions before the court involve a common question of law or fact, the court may:

(a) Join for hearing or trial any or all matters at issue in the actions;

(b) Consolidate the actions; or

(c) Issue any other orders to avoid unnecessary cost or delay.

(2) Asbestos, silicosis, or mixed dust disease actions In tort actions involving an asbestos claim, a silicosis claim, or a mixed dust disease claim, the court may consolidate pending actions for case management purposes. For purposes of trial, the court may consolidate pending actions only with the consent of all parties. Absent the consent of all parties, the court may consolidate, for purposes of trial, only those pending actions relating to the same exposed person and members of the exposed person's household.

(3) As used in division (A)(2) of this rule:

(a) "Asbestos claim" has the same meaning as in R.C. 2307.91;

(b) "Silicosis claim" and "mixed dust disease claim" have the same meaning as in R.C. 2307.84;

(c) In reference to an asbestos claim, "tort action" has the same meaning as in R.C. 2307.91;

(d) In reference to a silicosis claim or a mixed dust disease claim, "tort action" has the same meaning as in R.C. 2307.84.

(B) Separate trials For convenience, to avoid prejudice, or to expedite or economize, the court may order a separate trial of one or more separate issues, claims, cross-claims, counterclaims, or third- party claims. When ordering a separate trial, the court shall preserve any right to a jury trial.