Rule 23. Class Actions
(a)
Prerequisites. One or more members of a class may sue or be sued as representative parties on behalf of all members only if:
(b)
Types of Class Actions. A class action may be maintained if Rule
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(a) is satisfied and if:
(1)
prosecuting separate actions by or against individual class members would create a risk of:
(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)
Certification Order; Notice to Class Members; Judgment; Issues Classes; Subclasses.
(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.
(2)
Notice.
(A)
For (b)(1) or (b)(2) Classes. For any class certified under Rule
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(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
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(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:
(3)
Judgment. Whether or not favorable to the class, the judgment in a class action must:
(d)
Conducting the Action.
(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:
(e)
Settlement, Voluntary Dismissal, or Compromise. 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.
(f)
Appeals. 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.
(g)
Class Counsel.
(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:
(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;
(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
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(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.
(h)
Attorney’s Fees and Nontaxable Costs. 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
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(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.