Handbook V.A: Consolidation

In order to achieve the most efficient use of the Court's resources, as well as to maintain consistency in its decisions, the Court generally will consolidate, on its own motion or on motion of the parties, all appeals and cross-appeals from the same district court judgment or order, and all petitions for review of agency orders entered in the same administrative proceeding. In addition, other cases involving essentially the same parties or the same, similar, or related issues, may be consolidated. When cases are consolidated, the Clerk's Office designates one case (usually the one with the lowest docket number) as the "lead" case but usually enters items filed in any of the consolidated cases on the dockets of all the cases.

As noted in Part III.H, supra, parties with common interests also may file a joint notice of appeal or petition for review.

Once cases are consolidated, they are treated as one appeal for most purposes. They generally follow a single briefing schedule, they are assigned for hearing on the same day before the same panel, argument time is allotted to the cases as a group, and they are decided at the same time. Each case retains some of its individual identity, however. For example, motions may be filed in one case and not in others, and extensions of time in one case do not necessarily extend the time in any others. Joint briefs are encouraged pursuant to Federal Rule of Appellate Procedure 28(I). Briefing by intervenors is governed by Circuit Rule 28(d). See infra Part IX.A.4.