Caption.
The complaint or other pleading asserting a class action must include the words
“Proposed Class Action” in the caption.
Class Allegation Section.
The complaint or other pleading must contain a separate section setting forth the
following:
(1) the definition of the proposed class;
(2) the size of the proposed class;
(3) the adequacy of representation by the class representative;
(4) the common questions of law and fact;
(5) the typicality of claims or defenses of the class representative;
(6) the nature of the notice to the proposed class; and
(7) if proceeding under Fed. R. Civ. P. 23(b)(3), the facts addressing the
considerations listed in sections 23-1(c)(1)(A) through (D).
Local Rules of Civil Practice - District of Utah Eff. December 2025
Motion for Certification.
(1) In any case involving a proposed class action, as part of the conference
required by Fed. R. Civ. P. 26(f), the parties must discuss and include in the
Attorney Planning Meeting Report the following:
(A) a proposed briefing schedule for a Motion for Class Certification;
(B) any departure from the page limits of DUCivR 7-1;
(C) whether discovery should be bifurcated to address the facts
necessary for a determination of the sufficiency of the class;
(D) whether the initial scheduling order should address only discovery
relevant to the Motion for Class Certification, with a subsequent
scheduling order to enter after determination of the certification
motion; and
(E) how the plan is consistent with the requirement in Fed. R. Civ. P.
23(c) that the certification question be decided “[a]t an early
practicable time after a person sues or is sued as a class
representative.”
(2) Unless otherwise agreed by the parties or ordered by the court, the filing
of a motion under Fed. R. Civ. P. 12(b) stays an obligation to file or respond
to a Motion for Class Certification until the Rule 12(b) motion is resolved.
