(a) Designation. In any case sought to be maintained as a class action, the
complaint, or other pleading asserting a class action, shall include, next to its caption, the
legend "Class Action."
(b) Class Action Allegations. The complaint, or other pleading asserting a class
action, shall contain, under a separate heading styled "Class Action Allegations," the
following:
(1) A reference to the portion or portions of Fed. R. Civ. P. 23 under
which it is claimed that the suit is properly maintainable as a class action; and
(2) Appropriate allegations thought to justify such claim, including, but
not necessarily limited to:
(A) the size (or approximate size) and definitions of the alleged
class;
(B) the bases upon which the party or parties maintaining the class
action or other parties claiming to represent the class are alleged to be an
adequate representative(s) of the class;
(C) the alleged questions of law and fact claimed to be common to
the class; and
(D) in actions claimed to be maintainable as class actions under
Fed. R. Civ. P. 23(b)(3), allegations intended to support the findings
required by that subdivision.
(c) Class Action Determination. Unless the Court otherwise orders, at the
parties’ Rule 26(f) planning meeting, the parties shall identify any legal questions that
should be considered, including any that should be considered pursuant to Rule 12, prior
to the initiation of class discovery. Further, the parties shall discuss what class-related
discovery is required, if any, in advance of the submission of a motion for a
determination under Fed. R. Civ. P. 23(c)(1), whether the action is to be maintained and,
if so, the membership of the class. (See Appendix M.) As soon as practicable after the
motion papers for and against class action determination have been submitted, the Court
shall enter an order determining whether the action shall be so maintained. Nothing in
this Rule shall preclude any party from moving to strike the class action allegations.
Last revised 2/3/2014. See Historical Notes for full revision history.
