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Federal Rules of Civil Procedure | Table of Contents
One or more members of a class may sue or be sued as representative parties on behalf of all members only if:
(1) the class is so numerous that joinder of all members is impracticable,
(2) there are questions of law or fact common to the class,
(3) the claims or defenses of the representative parties are typical of the claims or defenses of the class; and
(4) the representative parties will fairly and adequately protect the interests of the class.
A class action may be maintained if Rule 23(a) is satisfied and if:
(1) prosecuting separate actions by or against individual class members would create a risk of:
(A) inconsistent or varying adjudications with respect to individual class members that would establish incompatible standards of conduct for the party opposing the class; or
(B) adjudications with respect to individual class members that, as a practical matter, would be dispositive of the interests of the other members not parties to the individual adjudications or would substantially impair or impede their ability to protect their interests;
(2) the party opposing the class has acted or refused to act on grounds that apply generally to the class, so that final injunctive relief or corresponding declaratory relief is appropriate respecting the class as a whole; or
(3) the court finds that the questions of law or fact common to class members predominate over any questions affecting only individual members, and that a class action is superior to other available methods for fairly and efficiently adjudicating the controversy. The matters pertinent to these findings include:
(A) the class members' interests in individually controlling the prosecution or defense of separate actions;
(B) the extent and nature of any litigation concerning the controversy already begun by or against class members;
(C) the desirability or undesirability of concentrating the litigation of the claims in the particular forum; and
(D) the likely difficulties in managing a class action.
(1) Certification Order.
(A) Time to Issue. At an early practicable time after a person sues or is sued as a class representative, the court must determine by order whether to certify the action as a class action.
(B) Defining the Class; Appointing Class Counsel. An order that certifies a class action must define the class and the class claims, issues, or defenses, and must appoint class counsel under Rule 23(g).
(C) Altering or Amending the Order. An order that grants or denies class certification may be altered or amended before final judgment.
(A) For (b)(1) or (b)(2) Classes. For any class certified under Rule 23(b)(1) or (b)(2), the court may direct appropriate notice to the class.
(B) For (b)(3) Classes. For any class certified under Rule 23(b)(3), the court must direct to class members the best notice that is practicable under the circumstances, including individual notice to all members who can be identified through reasonable effort. The notice must clearly and concisely state in plain, easily understood language:
(i) the nature of the action;
(ii) the definition of the class certified;
(iii) the class claims, issues, or defenses;
(iv) that a class member may enter an appearance through an attorney if the member so desires;
(v) that the court will exclude from the class any member who requests exclusion;
(vi) the time and manner for requesting exclusion; and
(vii) the binding effect of a class judgment on members under Rule 23(c)(3).
Whether or not favorable to the class, the judgment in a class action must:
(A) for any class certified under Rule 23(b)(1) or (b)(2), include and describe those whom the court finds to be class members; and
(B) for any class certified under Rule 23(b)(3), include and specify or describe those to whom the Rule 23(c)(2) notice was directed, who have not requested exclusion, and whom the court finds to be class members.
(4) Particular Issues.
When appropriate, an action may be brought or maintained as a class action with respect to particular issues.
When appropriate, a class may be divided into subclasses that are each treated as a class under this rule.
(1) In General.
In conducting an action under this rule, the court may issue orders that:
(A) determine the course of proceedings or prescribe measures to prevent undue repetition or complication in presenting evidence or argument;
(B) require — to protect class members and fairly conduct the action — giving appropriate notice to some or all class members of:
(i) any step in the action;
(ii) the proposed extent of the judgment; or
(iii) the members' opportunity to signify whether they consider the representation fair and adequate, to intervene and present claims or defenses, or to otherwise come into the action;
(C) impose conditions on the representative parties or on intervenors;
(D) require that the pleadings be amended to eliminate allegations about representation of absent persons and that the action proceed accordingly; or
(E) deal with similar procedural matters.
(2) Combining and Amending Orders.
An order under Rule 23(d)(1) may be altered or amended from time to time and may be combined with an order under Rule 16.
The claims, issues, or defenses of a certified class may be settled, voluntarily dismissed, or compromised only with the court's approval. The following procedures apply to a proposed settlement, voluntary dismissal, or compromise:
(1) The court must direct notice in a reasonable manner to all class members who would be bound by the proposal.
(2) If the proposal would bind class members, the court may approve it only after a hearing and on finding that it is fair, reasonable, and adequate.
(3) The parties seeking approval must file a statement identifying any agreement made in connection with the proposal.
(4) If the class action was previously certified under Rule 23(b)(3), the court may refuse to approve a settlement unless it affords a new opportunity to request exclusion to individual class members who had an earlier opportunity to request exclusion but did not do so.
(5) Any class member may object to the proposal if it requires court approval under this subdivision (e); the objection may be withdrawn only with the court's approval.
A court of appeals may permit an appeal from an order granting or denying class-action certification under this rule if a petition for permission to appeal is filed with the circuit clerk within 14 days after the order is entered. An appeal does not stay proceedings in the district court unless the district judge or the court of appeals so orders.
(1) Appointing Class Counsel.
Unless a statute provides otherwise, a court that certifies a class must appoint class counsel. In appointing class counsel, the court:
(A) must consider:
(i) the work counsel has done in identifying or investigating potential claims in the action;
(ii) counsel's experience in handling class actions, other complex litigation, and the types of claims asserted in the action;
(iii) counsel's knowledge of the applicable law; and
(iv) the resources that counsel will commit to representing the class;
(B) may consider any other matter pertinent to counsel's ability to fairly and adequately represent the interests of the class;
(C) may order potential class counsel to provide information on any subject pertinent to the appointment and to propose terms for attorney's fees and nontaxable costs;
(D) may include in the appointing order provisions about the award of attorney's fees or nontaxable costs under Rule 23(h); and
(E) may make further orders in connection with the appointment.
(2) Standard for Appointing Class Counsel.
When one applicant seeks appointment as class counsel, the court may appoint that applicant only if the applicant is adequate under Rule 23(g)(1) and (4). If more than one adequate applicant seeks appointment, the court must appoint the applicant best able to represent the interests of the class.
(3) Interim Counsel.
The court may designate interim counsel to act on behalf of a putative class before determining whether to certify the action as a class action.
(4) Duty of Class Counsel.
Class counsel must fairly and adequately represent the interests of the class.
In a certified class action, the court may award reasonable attorney's fees and nontaxable costs that are authorized by law or by the parties' agreement. The following procedures apply:
(1) A claim for an award must be made by motion under Rule 54(d)(2), subject to the provisions of this subdivision (h), at a time the court sets. Notice of the motion must be served on all parties and, for motions by class counsel, directed to class members in a reasonable manner.
(2) A class member, or a party from whom payment is sought, may object to the motion.
(3) The court may hold a hearing and must find the facts and state its legal conclusions under Rule 52(a).
(4) The court may refer issues related to the amount of the award to a special master or a magistrate judge, as provided in Rule 54(d)(2)(D).
LinksFederal Rules of Civil Procedure
I. SCOPE OF RULES--ONE FORM OF ACTION
1. Scope of Rules
2. One Form of Action
II. COMMENCEMENT OF ACTION; SERVICE OF PROCESS, PLEADINGS, MOTIONS, AND ORDERS
3. Commencing an Action
4.1. Serving Other Process
5. Serving and Filing Pleadings and Other Papers
5.1. Constitutional Challenge to a Statute - Notice, Certification, and Intervention
5.2. Privacy Protection For Filings Made with the Court
6. Computing and Extending Time; Time for Motion Papers
III. PLEADINGS AND MOTIONS
7. Pleadings Allowed; Form of Motions and Other Papers
7.1. Disclosure Statement
8. General Rules of Pleading
9. Pleading Special Matters
10. Form of Pleadings
11. Signing Pleadings, Motions, and Other Papers; Representations to the Court; Sanctions
12. Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing
13. Counterclaim and Crossclaim
14. Third-Party Practice
15. Amended and Supplemental Pleadings
16. Pretrial Conferences; Scheduling; Management
17. Plaintiff and Defendant; Capacity; Public Officers
18. Joinder of Claims
19. Required Joinder of Parties
20. Permissive Joinder of Parties
21. Misjoinder and Nonjoinder of Parties
23. Class Actions
23.1. Derivative Actions
23.2. Actions Relating to Unincorporated Associations
25. Substitution of Parties
V. DEPOSITIONS AND DISCOVERY
26. Duty to Disclose; General Provisions Governing Discovery
27. Depositions to Perpetuate Testimony
28. Persons Before Whom Depositions May Be Taken
29. Stipulations Regarding Discovery Procedure
30. Deposition by Oral Examination
31. Depositions by Written Questions
32. Using Depositions in Court Proceedings
33. Interrogatories to Parties
34. Producing Documents, Electronically Stored Information, and Tangible Things, or Entering onto Land, for Inspection and Other Purposes
35. Physical and Mental Examinations
36. Requests for Admission
37. Failure to Make Disclosures or to Cooperate in Discovery; Sanctions
38. Right to a Jury Trial; Demand
39. Trial by Jury or by the Court
40. Scheduling Cases for Trial
41. Dismissal of Actions
42. Consolidation; Separate Trials
43. Taking Testimony
44. Proving an Official Record
44.1. Determining Foreign Law
46. Objecting to a Ruling or Order
47. Selection of Jurors
48. Number of Jurors: Verdict
49. Special Verdict; General Verdict and Questions
50. Judgment as a Matter of Law in a Jury Trial; Related Motion for a New Trial; Conditional Ruling
51. Instructions to the Jury; Objections; Preserving a Claim of Error
52. Findings and Conclusions by the Court; Judgment on Partial Findings
54. Judgments; Costs
55. Default; Default Judgment
56. Summary Judgment
57. Declaratory Judgments
58. Entry of Judgment
59. New Trial; Altering or Amending a Judgment
60. Relief from Judgment or Order
61. Harmless Error
62. Stay of Proceedings to Enforce a Judgment
63. Judges Inability to Proceed
VIII. PROVISIONAL AND FINAL REMEDIES
64. Seizing a Person or Property
65. Injunctions and Restraining Orders
65.1 Proceedings Against a Surety
67. Deposit into Court
68. Offer of Judgment
70. Enforcing a Judgment for a Specific Act
71. Enforcing Relief For or Against a Nonparty
IX. SPECIAL PROCEEDINGS
71.1 Condemning Real or Personal Property
72. Magistrate Judges: Pretrial Orders
73. Magistrate Judges: Trial by Consent; Appeal
X. DISTRICT COURTS AND CLERKS
77. Conducting Business; Clerks Authority; Notice of an Order or Judgment
78. Hearing Motions; Submission on Briefs
79. Records Kept by the Clerk
80. Stenographic Transcript as Evidence
XI. GENERAL PROVISIONS
81. Applicability of the Rules in General; Removed Actions
82. Jurisdiction and Venue Unaffected
83. Rules by District Courts; Judge's Directives
86. Effective Date
XII. APPENDIX OF FORMS (U.S. Courts site)
XIII. SUPPLEMENTAL RULES FOR CERTAIN ADMIRALTY AND MARITIME CLAIMS
A. Scope of Rules
B. In Personam Actions: Attachment and Garnishment
C. Actions in Rem: Special Provisions
D. Possessory, Petitory, and Partition Actions
E. Actions in Rem and Quasi in Rem: General Provisions
F. Limitation of Liability
G. Forfeiture Actions In Rem
Federal Rules of Civil Procedure
Federal Rules of Appellate Procedure
Federal Rules of Criminal Procedure
Federal Rules of Evidence
Federal Sentencing Guidelines Manual
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