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1420.2500 CONSOLIDATION.

Subpart 1.

Authorization.

Except as provided in part 1420.2150, consolidation of two or more related cases involving the same employee may be ordered for the purpose of hearing. Consolidation may be ordered upon motion by a party to the judge, or upon the judge's own motion, if the judge determines that:

A.

separate cases present substantially the same or similar issues of fact and law;

B.

a holding in one case would affect the rights of the parties in the other case; and

C.

the consolidation would not substantially prejudice the rights of any party.

Notwithstanding the requirements of this part, the parties may stipulate to consolidation.

Subp. 2.

Objection to consolidation.

A party objecting to consolidation or moving for severance must file with the judge and serve upon all parties at least seven days before the hearing a motion for severance from consolidation which includes the reasons for the motion.

Subp. 3.

Companion cases.

Two or more related cases involving different employees may not be consolidated, however, companion cases involving the same or similar issues may be grouped for scheduling purposes. In companion cases, the parties and the judge shall prepare separate pleadings and orders for each case.

Statutory Authority:

MS s 14.51; 176.081; 176.155; 176.285; 176.312; 176.361; 176.83

History:

29 SR 1446

Published Electronically:

June 20, 2005

Official Publication of the State of Minnesota
Revisor of Statutes