Rule 40. Procedure for Review of Petitions for Permission to Appeal From Orders Granting or Denying Class Action Certification

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Rule 40. Procedure for Review of Petitions for Permission to Appeal From Orders Granting or Denying Class Action Certification

(A) A party seeking permission to appeal from an order granting or denying class action certification shall file a petition for permission to appeal with the appropriate court within ten days of the entry of the order of which the party complains.

(B) In reviewing petitions filed pursuant to Rule 84.035 to determine whether to exercise the Court's discretion to permit an appeal, the Court will consider the following circumstances:

  1. (1) Whether the trial court's denial of class status would effectively end the litigation and any realistic chance that individual claims could be prosecuted.
  2. (2) Whether the trial court's grant of class status would put substantial pressure on the defendant to settle without regard to the merits of the case.
  3. (3) Whether an interlocutory appeal of the trial court's class action determination would facilitate the development of the law pertaining to class actions.
  4. (4) Whether the trial court's order granting or denying class certification is clearly erroneous.
  5. (5) Whether there are any other special circumstances sufficient to justify an interlocutory appeal.

(C) Petitions filed pursuant to Rule 84.035, in addition to the contents required by that Rule, shall contain only such facts as are necessary to enable this Court to determine whether one or more of the circumstances listed in subsection (1) through (5) of Section (B) of this Rule is present and of sufficient importance as to warrant exercise of the Court's discretion to permit the appeal.

(D) The exhibits required by Rule 84.035(b)(6) shall include only such documents as will assist this Court in determining whether one or more of the circumstances listed in subsection (1) through (5) of Section (B) of this Rule is present and of sufficient importance as to warrant exercise of the Court's discretion to permit the appeal.

(E) In the event the Court grants permission to appeal, the appropriateness of the Court's decision to hear the appeal is reviewable. The parties may address the issue in their briefs, and the Court may determine that such permission was improvidently granted and dismiss the appeal.




(Adopted July 27, 2006, eff. Sept. 15, 2006. Rule number converted from Roman numerals; eff. Feb. 22, 2018. Amended Feb. 22, 2018, effective June 29, 2018.)

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