![]() ![]() An order under this section may be conditional, and may be altered or amended before the decision on the merits.Ĭ(2) Where a party has relied upon a statute or law which another party seeks to have declared invalid, or where a party has in good faith relied upon any legislative, judicial, or administrative interpretation or regulation which would necessarily have to be voided or held inapplicable if another party is to prevail in the class action, the court may postpone a determination under subsection (1) of this section until the court has made a determination as to the validity or applicability of the statute, law, interpretation, or regulation.ĭ Dismissal or compromise of class actions court approval required when notice required. Any action filed as a class action in which there has been no ruling under subsection C(1) of this rule and any action ordered maintained as a class action shall not be voluntarily dismissed or compromised without the approval of the court, and notice of the proposed dismissal or compromise shall be given to some or all members of the class in such manner as the court directs, except that if the dismissal is to be without prejudice or with prejudice against the class representative only, then such dismissal may be ordered without notice if there is a showing that no compensation in any form has passed directly or indirectly from the party opposing the class to the class representative or to the class representative’s attorney and that no promise of such compensation has been made. ![]() ![]() The matters pertinent to this finding include:ī(1) The extent to which the prosecution of separate actions by or against individual members of the class creates a risk of:ī(1)(a) Inconsistent or varying adjudications with respect to members of the class which would establish incompatible standards of conduct for the party opposing the class orī(1)(b) Adjudications with respect to members of the class which would as a practical matter be dispositive of the interests of the other members not parties to the adjudications or substantially impair or impede their ability to protect their interests ī(2) The extent to which the relief sought would take the form of injunctive relief or corresponding declaratory relief with respect to the class as a whole ī(3) The extent to which questions of law or fact common to the members of the class predominate over any questions affecting only individual members ī(4) The interest of members of the class in individually controlling the prosecution or defense of separate actions ī(5) The extent and nature of any litigation concerning the controversy already commenced by or against members of the class ī(6) The desirability or undesirability of concentrating the litigation of the claims in the particular forum ī(7) The difficulties likely to be encountered in the management of a class action that will be eliminated or significantly reduced if the controversy is adjudicated by other available means andī(8) Whether or not the claims of individual class members are insufficient in the amounts or interests involved, in view of the complexities of the issues and the expenses of the litigation, to afford significant relief to the members of the class.Ĭ Determination by order whether class action to be maintained.Ĭ(1) As soon as practicable after the commencement of an action brought as a class action, the court shall determine by order whether and with respect to what claims or issues it is to be so maintained and shall find the facts specially and state separately its conclusions thereon. A Requirement for class action. One or more members of a class may sue or be sued as representative parties on behalf of all only if:Ī(1) The class is so numerous that joinder of all members is impracticable Ī(2) There are questions of law or fact common to the class Ī(3) The claims or defenses of the representative parties are typical of the claims or defenses of the class Ī(4) The representative parties will fairly and adequately protect the interests of the class andĪ(5) In an action for damages, the representative parties have complied with the prelitigation notice provisions of section H of this rule.ī Class action maintainable. An action may be maintained as a class action if the prerequisites of section A of this rule are satisfied, and in addition, the court finds that a class action is superior to other available methods for the fair and efficient adjudication of the controversy. ![]()
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