a. Class and Representative Actions. In any action brought as a class or representative action,
the party seeking to maintain the action as a class or representative action must, within 180
days after commencement of the action, file a separate motion for certification. The motion
must include a proposal for the appointment of class counsel, unless such a proposal has been
included in an earlier-filed motion. If the action is brought under Federal Rule of Civil
Procedure 23, the motion and documents supporting the motion must do the following:
1. Set forth with particularity the facts relied upon to satisfy the prerequisites of Federal Rule
of Civil Procedure 23(a);
2. Fully articulate one or more of the additional requirements for maintenance of a class action
that are set forth in Federal Rule of Civil Procedure 23(b); and
3. If the motion includes a proposal for the appointment of class counsel, set forth with
particularity the information the court must consider in assessing proposed class counsel’s
ability to represent the interests of the class fairly and adequately, as set forth in Federal
Rules of Civil Procedure 23(g)(1)(A) and (B).
b. Derivative Actions. In any derivative action brought under Federal Rule of Civil Procedure
23.1 by one or more shareholders or members to enforce the rights of a corporation or an
unincorporated association, the party bringing the action must, within 180 days after
commencement of the action, file a certification setting forth with particularity why the
plaintiff fairly and adequately represents the interests of the similarly situated shareholders or
members in enforcing the rights of the corporation or association.
c. Actions Related to Unincorporated Associations. In any action brought under Federal Rule
of Civil Procedure 23.2 by or against the members of an unincorporated association as a class
by naming certain members as representative parties, the parties bringing the action must,
within 180 days after commencement of the action, file a certification setting forth with
particularity why the representative parties will fairly and adequately protect the interests of
the association and its members.
