(a) Prerequisites to a Class Action. One or more members of a class may sue or be sued as representative parties on behalf of all 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) Class Actions Maintainable. An action may be maintained as a class action if the prerequisites of subdivision (a) are satisfied, and in addition:
(1) the prosecution of separate actions by or against individual members of the class would create a risk of
(A) inconsistent or varying adjudications with respect to individual members of the class which would establish incompatible standards of conduct for the party opposing the class, or
(B) adjudications with respect to individual 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; or
(2) the party opposing the class has acted or refused to act on grounds generally applicable to the class, thereby making appropriate final injunctive relief or corresponding declaratory relief with respect to the class as a whole; or
(3) the court finds that the questions of law or fact common to the members of the class predominate over any questions affecting only individual members, and that a class action is superior to other available methods for the fair and efficient adjudication of the controversy. The matters pertinent to the findings include: (A) the interest of members of the class in individually controlling the prosecution or defense of separate actions; (B) the extent and nature of any litigation concerning the controversy already commenced by or against members of the class; (C) the desirability or undesirability of concentrating the litigation of the claims in the particular forum; (D) the difficulties likely to be encountered in the management of a class action.
(c) Determining by Order Whether to Certify a Class Action; Appointing Class Counsel; Notice and Membership in Class; Judgment; Multiple Classes and Subclasses.
(1) (A) When a person sues or is sued as a representative of a class, the court must—at an early practicable time—determine by order whether to certify the action as a class action. (B) An order certifying a class action must define the class and the class claims, issues, or defenses, and must appoint class counsel under Rule 23(g). (C) An order under Rule 23(c)(1) may be altered or amended before final judgment.
(2) (A) For any class certified under Rule 23(b)(1) or (2), the court may direct appropriate notice to the class. (B) For any class certified under Rule 23(b)(3), the court must direct to class members the best notice practicable under the circumstances, including individual notice to all members who can be identified through reasonable effort. The notice must concisely and clearly state in plain, easily understood language: • the nature of the action, • the definition of the class certified, • the class claims, issues, or defenses, • that a class member may enter an appearance through counsel if the member so desires, • that the court will exclude from the class any member who requests exclusion, stating when and how members may elect to be excluded, and • the binding effect of a class judgment on class members under Rule 23(c)(3).
(3) The judgment in an action maintained as a class action under subdivision (b)(1) or (b)(2), whether or not favorable to the class, shall include and describe those whom the court finds to be members of the class. The judgment in an action maintained as a class action under subdivision (b)(3), whether or not favorable to the class, shall include and specify or describe those to whom the notice provided in subdivision (c)(2) was directed, and who have not requested exclusion, and whom the court finds to be members of the class.
(4) When appropriate (A) an action may be brought or maintained as a class action with respect to particular issues, or (B) a class may be divided into subclasses and each subclass treated as a class, and the provisions of this rule shall then be construed and applied accordingly.
(d) Orders in Conduct of Actions. In the conduct of actions to which this rule applies, the court may make appropriate orders: (1) determining the course of proceedings or prescribing measures to prevent undue repetition or complication in the presentation of evidence or argument; (2) requiring, for the protection of the members of the class or otherwise for the fair conduct of the action, that notice be given in such manner as the court may direct to some or all of the members of any step in the action, or of the proposed extent of the judgment, or of the opportunity of members to signify whether they consider the representation fair and adequate, to intervene and present claims or defenses, or otherwise to come into the action; (3) imposing conditions on the representative parties or on intervenors; (4) requiring that the pleadings be amended to eliminate therefrom allegations as to representation of absent persons, and that the action proceed accordingly; (5) dealing with similar procedural matters. The orders may be combined with an order under Rule 16, and may be altered or amended as may be desirable from time to time.
(e) Settlement, Voluntary Dismissal, or Compromise.
(1) (A) The court must approve any settlement, voluntary dismissal, or compromise of the claims, issues, or defenses of a certified class. (B) The court must direct notice in a reasonable manner to all class members who would be bound by a proposed settlement, voluntary dismissal, or compromise. (C) The court may approve a settlement, voluntary dismissal, or compromise that would bind class members only after a hearing and on finding that the settlement, voluntary dismissal, or compromise is fair, reasonable, and adequate.
(2) The parties seeking approval of a settlement, voluntary dismissal, or compromise under Rule 23(e)(1) must file a statement identifying any agreement made in connection with the proposed settlement, voluntary dismissal, or compromise.
(3) In an action previously certified as a class action under Rule 23(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.
(4) (A) Any class member may object to a proposed settlement, voluntary dismissal, or compromise that requires court approval under Rule 23(e)(1)(A). (B) An objection made under Rule 23(e)(4)(A) may be withdrawn only with the court’s approval.
(f) Appeals. A court of appeals may in its discretion permit an appeal from an order of a district court granting or denying class action certification under this rule if application is made to it within ten days after entry of the order. 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.
(A) Unless a statute provides otherwise, a court that certifies a class must appoint class counsel.
(B) An attorney appointed to serve as class counsel must fairly and adequately represent the interests of the class.
(C) In appointing class counsel, the court
(i) must consider: • the work counsel has done in identifying or investigating potential claims in the action, • counsel’s experience in handling class actions, other complex litigation, and claims of the type asserted in the action, • counsel’s knowledge of the applicable law, and • the resources counsel will commit to representing the class;
(ii) may consider any other matter pertinent to counsel’s ability to fairly and adequately represent the interests of the class;
(iii) may direct potential class counsel to provide information on any subject pertinent to the appointment and to propose terms for attorney fees and nontaxable costs; and
(iv) may make further orders in connection with the appointment.
(2) Appointment Procedure.
(A) The court may designate interim counsel to act on behalf of the putative class before determining whether to certify the action as a class action.
(B) When there is one applicant for appointment as class counsel, the court may appoint that applicant only if the applicant is adequate under Rule 23(g)(1)(B) and (C). If more than one adequate applicant seeks appointment as class counsel, the court must appoint the applicant best able to represent the interests of the class.
(C) The order appointing class counsel may include provisions about the award of attorney fees or nontaxable costs under Rule 23(h).
(h) Attorney Fees Award. In an action certified as a class action, the court may award reasonable attorney fees and nontaxable costs authorized by law or by agreement of the parties as follows:
(1) Motion for Award of Attorney Fees. A claim for an award of attorney fees and nontaxable costs must be made by motion under Rule 54(d)(2), subject to the provisions of this subdivision, at a time set by the court. Notice of the motion must be served on all parties and, for motions by class counsel, directed to class members in a reasonable manner.
(2) Objections to Motion. A class member, or a party from whom payment is sought, may object to the motion.
(3) Hearing and Findings. The court may hold a hearing and must find the facts and state its conclusions of law on the motion under Rule 52(a).
(4) Reference to Special Master or Magistrate Judge. The court may refer issues related to the amount of the award to a special master or to a magistrate judge as provided in Rule 54(d)(2)(D).
(As amended Feb. 28, 1966, eff. July 1, 1966; Mar. 2, 1987, eff. Aug. 1, 1987; Apr. 24, 1998, eff. Dec. 1, 1998; Mar. 27, 2003, eff. Dec. 1, 2003.)
added in current removed in current
Compared to current version (2025).
(a) Prerequisites to a Class Action. 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 Maintainable. An. A class action may be maintained as a class action if the prerequisites of subdivision if Rule 23(a) areis satisfied, and in additionf:
(1) the prosecution ofng separate actions by or against individual class members of the class would create a risk of:
(A) inconsistent or varying adjudications with respect to individual class members of the class whichthat would establish incompatible standards of conduct for the party opposing the class,; or
(B) adjudications with respect to individual class members of the class which wouldthat, 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; or
(2) the party opposing the class has acted or refused to act on grounds generally applicable to the class, thereby making approprithat apply generally to the class, so thate final injunctive relief or corresponding declaratory relief withis appropriate respect toing the class as a whole; or
(3) the court finds that the questions of law or fact common to theclass members of the class predominate over any questions affecting only individual members, and that a class action is superior to other available methods for the fairly and efficiently adjudication ofng the controversy. The matters pertinent to these findings include:
(A) the interest of members of the clasclass members’ interests in individually controlling the prosecution or defense of separate actions;
(B) the extent and nature of any litigation concerning the controversy already commencedbegun by or against class members of the class; ;
(C) the desirability or undesirability of concentrating the litigation of the claims in the particular forum; and
(D) the likely difficulties likely to be encountered in the management of a class action.
(c) Determining by Order Whether to Certify a Class Action; Appointing Class Counsel; Notice and Membership in Clasin managing a class action.
(c) Certification Order; Notice to Class Members; Judgment; MultipleIssues Classes and; Subclasses.
(1) (A) WhenCertification Order.
(A) Time to Issue. At an early practicable time after a person sues or is sued as a class representative of a class, the court must-at an early practicable time- determine by order whether to certify the action as a class action.
(B) Defining the Class; Appointing Class Counsel. An order that certifyingies a class action must define the class and the class claims, issues, or defenses, and must appoint class counsel under Rule 23(g).
(C) An order under Rule 23(c)(1)ltering or Amending the Order. An order that grants or denies class certification may be altered or amended before final judgment.
(2) (A)Notice.
(A) For (b)(1) or (b)(2) Classes. For any class certified under Rule 23(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 23(b)(3), -or upon ordering notice under Rule 23(e)(1) to a class proposed to be certified for purposes of settlement under Rule 23(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 conciseay be by one or more of the following: United States mail, electronic means, or other appropriate means. The notice must clearly and clearoncisely 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 counselan attorney if the member so desires, •;
(v) that the court will exclude from the class any member who requests exclusion, stating when and how members may elect to be excluded, and •;
(vi) the time and manner for requesting exclusion; and
(vii) the binding effect of a class judgment on class members under Rule 23(c)(3).
(3) TJudgment. Whether or not favorable to the class, the judgment in an class action maintained as a class action under subdivision (b)(1) or (b)(2), whether or not favorable to the class, shall include and describe those whom the court finds to be members of the class. The judgment in an action maintained as a class action under subdivision (b)(3), whether or not favorable to the class, shallust:
(A) for any class certified under Rule 23(b)(1) or (b)(2), include and describe those whom the court finds to be class members; and
(B) for any class certified under Rule 23(b)(3), include and specify or describe those to whom the notice provided in subdivision (c)(2)Rule 23(c)(2) notice was directed, and who have not requested exclusion, and whom the court finds to be class members of the class.
(4).
(4) Particular Issues. When appropriate (A), an action may be brought or maintained as a class action with respect to particular issues, or (B).
(5) Subclasses. When appropriate, a class may be divided into subclasses and each subclass treated as a class, and the provisions of this rule shall then be construed and applied accordingly.
(d) Orders in Conduct of Actions. In thethat are each treated as a class under this rule.
(d) Conducting the Action.
(1) In General. In conduct ofing an actions to which under this rule applies, the court may make appropriate orders: (1issue orders that:
(A) determininge the course of proceedings or prescribinge measures to prevent undue repetition or complication in the presentation ofing evidence or argument; (2
(B) requiring, for the protection of the members of the class or otherwise for thee-to protect class members and fairly conduct of the action, that notice be given in such manner as the court may direct-giving appropriate notice to some or all of theclass members of:
(i) any step in the action, or of;
(ii) the proposed extent of the judgment,; or of the opportunity of members
(iii) the members’ opportunity to signify whether they consider the representation fair and adequate, to intervene and present claims or defenses, or to otherwise to come into the action; (3
(C) imposinge conditions on the representative parties or on intervenors; (4
(D) requiringe that the pleadings be amended to eliminate therefrom allegations as tobout representation of absent persons, and that the action proceed accordingly; (5or
(E) dealing with similar procedural matters. The orders may be combined with a
(2) Combining and Amending Orders. An order under Rule 16, and23(d)(1) may be altered or amended as may be desirable from time to time.
(e) Settlement, Voluntary Dismissal, or Compromise.
(1) (A) The court must approve anyfrom time to time and may be combined with an order under Rule 16.
(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 of:
(1) Notice to the cClaims, issues, or defenses of a certifiedss.
(A) Information That Parties Must Provide to the Court. The parties must 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 must direct notice in a reasonable manner to all class members who would be bound by athe proposed settlement, voluntary dismissal, or compromise. (C) The court may approve a settlement, voluntary dismissal, or compromise that would bind class membersal if giving notice is justified by the parties’ showing that the court will likely be able to:
(i) approve the proposal under Rule 23(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 the settlement, voluntary dismissal, or compromise is fair, reasonable, and adequate.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;
(2ii) Tthe parties seeking approval of a settlement, voluntary dismissal, or compromise under Rule 23(e)(1)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’s fees, including timing of payment; and
(iv) any agreement required to be identified under Rule 23(e)(3); and
(D) the proposal treats class members equitably relative to each other.
(3) Identifying Agreements. The parties seeking approval must file a statement identifying any agreement made in connection with the proposed settlement, voluntary dismissal, or compromise.
(3) In anal.
(4) New Opportunity to Be Excluded. If the class action was previously certified as a class action under Rule 23(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.
(45) (A)Class-Member Objections.
(A) In General. Any class member may object to athe proposed settlement, voluntary dismissal, or compromise that requires cal if it requires court approval under this subdivision (e). The objection must 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 aApproval under Rule 23(e)(1)(A). (B) An objection madeRequired 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.
(C) Procedure for Approval After an Appeal. If approval under Rule 23(e)(45)(AB) may be withdrawn only withhas not been obtained before an appeal is docketed in the court’s of approvaleals, the procedure of Rule 62.1 applies while the appeal remains pending.
(f) Appeals. A court of appeals may in its discretion permit an appeal from an order of a district court granting or denying class -action certification under this rule if application is made to it within ten days after entry of the order, but not from an order under Rule 23(e)(1). A party must file a petition for permission to appeal with the circuit clerk within 14 days after the order is entered, or within 45 days after the order is entered if any party is the United States, a United States agency, or a United States officer or employee sued for an act or omission occurring in connection with duties performed on the United States’ behalf. 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.
(A) Unless a statute provides otherwise, a court that certifies a class must appoint class counsel.
(B) An attorney appointed to serve as class counsel must fairly and adequately represent the interests of the class.
(C) In appointing class counsel, the court:
(iA) must 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 claims of the typethe 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;
(iiB) may consider any other matter pertinent to counsel’s ability to fairly and adequately represent the interests of the class;
(iiiC) may directorder potential class counsel to provide information on any subject pertinent to the appointment and to propose terms for attorney’s fees and nontaxable costs; and
(ivD) may make further orders in connection with the appointment.
(2) Appointment Procedure.
(A) The court may designate interim counsel to act on behalf of the putative class before determining whether to certify the action as a class action.
(B) When there isinclude in the appointing order provisions about the award of attorney’s fees or nontaxable costs under Rule 23(h); and
(E) may make further orders in connection with the appointment.
(2) Standard for Appointing Class Counsel. When one applicant forseeks appointment as class counsel, the court may appoint that applicant only if the applicant is adequate under Rule 23(g)(1)(B) and (C4). If more than one adequate applicant seeks appointment as class counsel, the court must appoint the applicant best able to represent the interests of the class.
(C3) The order appointing class counsel may include provisions about the award of attorney fees or nontaxable costs under Rule 23(h)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 must fairly and adequately represent the interests of the class.
(h) Attorney ’ s Fees Award. In an actionand Nontaxable Costs. In a certified as a class action, the court may award reasonable attorney’s fees and nontaxable costs that are authorized by law or by agreement of the parties’ as follows:
(1) Motion for Award of Attorney Fees. A claim for an award of attorney fees and nontaxable costsgreement. The following procedures apply:
(1) A claim for an award must be made by motion under Rule 54(d)(2), subject to the provisions of this subdivision (h), at a time set by 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.
(2) Objections to Motion. A class member, or a party from whom payment is sought, may object to the motion.
(3) Hearing and Findings. The court may hold a hearing and must find the facts and state its legal conclusions of law on the motion under Rule 52(a).
(4) Reference to Special Master or Magistrate Judge. The court may refer issues related to the amount of the award to a special master or to a magistrate judge, as provided in Rule 54(d)(2)(D).
(As amended Feb. 28, 1966, eff. July 1, 1966; Mar. 2, 1987, eff. Aug. 1, 1987; Apr. 24, 1998, eff. Dec. 1, 1998; Mar. 27, 2003, eff. Dec. 1, 2003; Apr. 30, 2007, eff. Dec. 1, 2007; Mar. 26, 2009, eff. Dec. 1, 2009; Apr. 26, 2018, eff. Dec. 1, 2018.)