First Adopted: April 21, 1972
Most Recently Effective: January 01, 2026
Rule 52 | Rules of Civil Procedure | Rules Governing Civil Procedure in the Circuit Courts | Parties
52.08 | 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:
(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.
(b) Types of Class Actions. A class action may be maintained if Rule 52.08(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.
(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 shall 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 shall define the class and the class claims, issues, or
defenses, and shall appoint class counsel under Rule 52.08(g).
(C)
Altering or Amending the Order. An order that grants or denies class
certification may be altered or amended before final judgment.
(2) Notice.
(A)
For (b)(1) or (b)(2) Classes. For any class certified under Rule
52.08(b)(1) or Rule 52.08(b)(2), the court may direct appropriate notice
to the class.
(B) For (b)(3) Classes. For any
class certified under Rule 52.08(b)(3), or upon ordering notice under
Rule 52.08(e)(1) to a class proposed to be certified for purposes of
settlement under Rule 52.08(b)(3), the court shall 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 may be by one or more of the following:
United States mail, electronic means, or other appropriate means. The
notice shall 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 52.08(c)(3).
(3) Judgment. Whether or not favorable to the class, the judgment in a class action shall:
(A)
for any class certified under Rule 52.08(b)(1) or Rule 52.08(b)(2),
include and describe those whom the court finds to be class members;
and
(B)
for any class certified under Rule 52.08(b)(3), include and specify or
describe those to whom the notice under Rule 52.08(c)(2) 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.
(5) Subclasses. When appropriate, a class may be divided into subclasses that are each treated as a class under this Rule 52.08.
(d) Conducting the Action.
(1) In General. In conducting an action under this Rule 52.08, 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 52.08(d)(1) may be
altered or amended from time to time and may be combined with an order
under Rule 62.01.
(e) Settlement, Voluntary
Dismissal, or Compromise. The claims, issues, or defenses of a certified
class, or a class proposed to be certified for purposes of settlement,
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) Notice to the Class.
(A)
Information That Parties Shall Provide to the Court. The parties shall
provide the court with information sufficient to enable it to determine
whether to give notice of the proposal to the class.
(B)
Grounds for a Decision to Give Notice. The court shall direct notice in
a reasonable manner to all class members who would be bound by the
proposal if giving notice is justified by the parties' showing that the
court will likely be able to:
(i) approve the proposal under Rule 52.08(e)(2); and
(ii) certify the class for purposes of judgment on the proposal.
(2)
Approval of the Proposal. If the proposal would bind class members, the
court may approve it only after a hearing and only on finding that it
is fair, reasonable, and adequate after considering whether:
(A) the class representatives and class counsel have adequately represented the class;
(B) the proposal was negotiated at arm's length;
(C) the relief provided for the class is adequate, taking into account:
(i) the costs, risks, and delay of trial and appeal;
(ii)
the effectiveness of any proposed method of distributing relief to the
class, including the method of processing class member claims;
(iii) the terms of any proposed award of attorney fees, including timing of payment; and
(iv) any agreement required to be identified under Rule 52.08(e)(3); and
(D) the proposal treats class members equitably relative to each other.
(3)
Identifying Agreements. The parties seeking approval shall file a
statement identifying any agreement made in connection with the
proposal.
(4)
New Opportunity to Be Excluded. If the class action was previously
certified under Rule 52.08(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) Class-Member Objections.
(A)
In General. Any class member may object to the proposal if it requires
court approval under this Rule 52.08(e). The objection shall state
whether it applies only to the objector, to a specific subset of the
class, or to the entire class, and also state with specificity the
grounds for the objection.
(B) Court Approval
Required for Payment in Connection with an Objection. Unless approved by
the court after a hearing, no payment or other consideration may be
provided in connection with:
(i) forgoing or withdrawing an objection; or
(ii) forgoing, dismissing, or abandoning an appeal from a judgment approving the proposal.
(f)
Appeals. A court of appeals may permit an appeal from an order granting
or denying class-action certification under this Rule 52.08, but not
from an order under Rule 52.08(e)(1). An appeal does not stay the
proceedings in the trial court unless the trial 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 shall appoint class counsel. In appointing class
counsel, the court:
(A) shall 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 fees and
nontaxable costs;
(D) may include in the appointing order provisions about the award of attorney fees or nontaxable costs under Rule 52.08(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 Rules 52.08(g)(1) and 52.08(g)(4). If
more than one adequate applicant seeks appointment, the court shall
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 shall fairly and adequately represent the interests of the class.
(h)
Attorney Fees and Nontaxable Costs. In a certified class action, the
court may award reasonable attorney fees and nontaxable costs that are
authorized by law or by the parties' agreement. The following procedures
apply:
(1) A
claim for an award shall be made by motion under Rule 74.16, subject to
the provisions of this Rule 52.08(h), at a time the court sets. Notice
of the motion shall 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 shall find the facts and state its legal conclusions.
(4) The court may refer issues related to the amount of the award to a special master.
Committee Note – 1974
This is the same as Rule 23 of the Federal Rules of Civil Procedure.
(Adopted April 21, 1972, effective December 1, 1972. Amended September 28, 1993, effective January 1, 1994; amended June 21, 2005, effective January 1, 2006; amended June 30, 2025, effective January 1, 2026.)