Within 90 days of filing a class action complaint, or at such other time as the presiding
judge by order directs, an attorney for the plaintiff must move for certification. A brief must
accompany the motion for certification and must specifically set out the following:
(a) the appropriate sections of Fed. R. Civ. P. 23 under which the suit is properly
maintainable as a class action;
(b) specific factual allegations concerning the alleged class, including:
(1) the approximate number of class members;
(2) the definition of the class and any subclasses;
(3) the distinguishing and common characteristics of class members, such
as geography, time, and common financial incentives;
(4) questions of law and fact that are common to the class; and
(5) in actions asserting a class under Fed. R. Civ. P. 23(b)(3), allegations
concerning the findings required by that section;
(c) the basis of the named plaintiff’s claim to be an adequate representative of the class,
including financial responsibility to fund the action;
(d) the basis for determining any required jurisdictional amount;
(e) the type and estimated expense of notice to be given to class members and the
source of funds from which notice costs will be paid;
(f) the discovery necessary for a class certification hearing and the estimated time
necessary for such discovery; and
(g) all arrangements for payment of plaintiffs’ attorney’s fees
Effective September 2, 2025
