In any case sought to be maintained as a class action:
(A) The caption of the complaint must bear the designation, “Complaint-Class Action.” The
complaint must also:
1. Refer to the portions of FRCP 23 under which it is claimed that the suit is properly
maintainable as a class action;
2. Make allegations thought to justify the maintenance of the claim as a class action,
including, but not necessarily limited to:
a. the size and definition of the alleged class;
b. the basis upon which the plaintiff claims:
(i) to be an adequate representative of the class, or
(ii) if the class is composed of defendants, that those named are adequate
representatives of the class;
3. The alleged questions of law or fact claimed to be common to the class; and
4. In actions claimed to be maintainable as class actions under FRCP 23(b)(3),
allegations that support the elements required by that subdivision.
(B) In all civil actions in which a class action is pleaded, the party alleging the class action
must, at a time directed by the case management or scheduling order approved by the
court, move for class certification under FRCP 23(c)(1). [Amended March 1, 2022]
(C) The foregoing provisions apply, with appropriate adaptations, to any counterclaim or
cross claim alleged to be brought for or against a class.
(D) 1. Whenever a party or counsel seeks to prohibit another party or counsel from
communicating concerning a class action with any potential or actual class member not a
formal party to the action, he or she must file a motion that sets forth with particularity
the consequences that will result from such communication and the remedy sought.
2. To obtain an order prohibiting communication with class members, the movant must
establish a clear record reflecting:
a. specific consequences the motion seeks to prevent;
b. the need for the order, weighing the consequences sought to be corrected and
the effect of the order on the right of a party to proceed pursuant to Rule 23
without interference.
3. Any attorney who communicates with the class must preserve and retain a copy of all
communications that he or she has with any members of the class or potential class until
final conclusion of the action. [Amended February 1, 2011]
LOCAL CIVIL RULE 26 - GENERAL PROVISIONS
GOVERNING DISCOVERY; DUTY OF DISCLOSURE
