ILCS » Chapter 735 · Act 5

735 ILCS 5/2-1006

Consolidation and severance of cases

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(735 ILCS 5/2-1006) (from Ch. 110, par. 2-1006)
    Sec. 2-1006. Consolidation and severance of cases. An action may be severed, and actions pending in the same court may be consolidated, as an aid to convenience, whenever it can be done without prejudice to a substantial right.
(Source: P.A. 82-280.)

    
Notes of Decisions
Cited in 31 cases (10 in the last 5 years), 1994–2026 · leading case: Vogel v. Merck & Co., Inc.
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Vogel v. Merck & Co., Inc. (2007) ilsd · cites it 3× “at 1036-37 (quoting 735 ILCS 5/2-1006). The Carter court observed that “[t]he term ‘sever’ is used broadly, and when a trial court orders an issue or claim severed, more often than not the court is simply providing for separate trials and has not determined that the claims…”
Trilisky v. City of Chicago (2019) illappct “” 735 ILCS 5/2-1006 (West 2016). Our courts have recognized three different forms of consolidation: (1) where several cases are pending involving substantially the same subject matter, the court may stay the proceedings in all but one and then determine whether the disposition…”
In Re Illinois Bell Switching Station Litigation (1994) ill “Five such actions were subsequently consolidated by the circuit court pursuant to section 2-1006 of the Code of Civil Procedure (735 ILCS 5/2-1006 (West 1992)), and the plaintiffs in these consolidated actions filed a joint amended complaint.”
In re Marriage of Reidy (2018) illappct “Because the motion did not seek relief with respect to the dissolution proceedings, we conclude that we lack jurisdiction over the order denying the motion to consolidate in this appeal from the dissolution judgment.”
Dowe v. Birmingham Steel Corp. (2011) illappct “" 735 ILCS 5/2-1006 (West 2002). Our courts *350 have recognized three different forms of consolidation: (1) where several cases are pending involving substantially the same subject matter, the court may stay the proceedings in all but one and then see whether the disposition of…”
Edwards v. The Addison Fire Protection District Firefighters' Pension Fund (2014) illappct “Section 2-1006 of the Code of Civil Procedure provides: “An action may be severed, and actions pending in the same court may be consolidated, as an aid to convenience, whenever it can be done without prejudice to a substantial right.”
Township of Jubilee v. State of Illinois (2011) ill “See 735 ILCS 5/2-1006 (West 2008). Alternatively, the State could have pressed its claim here by formally moving to intervene in the Township’s action pursuant to section 2-408 of the Code of Civil Procedure (735 ILCS 5/2-408 (West 2008)).”
Township of Jubilee v. State (2011) ill “At the time the State filed its own complaint to quiet title to the subject property, the litigation therefore remained pending.”
Giraldi v. Community Consolidated School District No. 62 (1996) illappct “(See 735 ILCS 5/2-1006 (West 1992).) The plaintiff has a right to introduce evidence to prove its theory of the case.”
Busch v. Mison (2008) illappct “Section 2-1006 of the Illinois Code of Civil Procedure (735 ILCS 5/2-1006 (West 2006)) provides, "[a]n action may be severed, and actions pending in the same court may be consolidated, as an aid to convenience, whenever it can be done without prejudice to a substantial right.”
Farmers Automobile Insurance Association v. Neumann (2015) illappct “735 ILCS 5/2-1006 (West 2010). Three forms of consolidation are recognized: “(1) where several cases are pending involving substantially the same subject matter, the court may stay the proceedings in all but one and then see whether the disposition of the one case may settle the…”
Jsa v. Mh (2008) illappct “They claim that the consolidation of the parentage and adoption cases substantially prejudiced their right to proceed with the adoption and that the stay was not authorized by either statute or case law.”
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