(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.

(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.

(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). 

(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.

(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. 

(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. 

(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 

(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. 

(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; 

(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. 

(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.