Caption
(a) Designation in Complaint. A party seeking to maintain a case as a class
action (whether for or against a class) must include in the complaint, crossclaim, or
counterclaim:
(1) the words “Class Action” in the document's title; and
(2) a reference to each part of Fed. R. Civ. P. 23 that the party relies on in
seeking to maintain the case as a class action.
(b) Counterclaims and Crossclaims. The provisions of the Rule will apply, with
appropriate adaptations, to any counterclaim or crossclaim alleged to be brought for
or against a class.
Notes: Former subsection (b) was deleted from the rule on January 1, 2011, thereby removing the
requirement that a separate motion seeking class certification be filed within 90 days of filing of a
complaint in a class action, leaving the timing of such a motion to be determined within the Case
Management Plan for each case.
