NRCP Rule 23
RULE 23. CLASS ACTIONS
(a) Prerequisites to a Class Action. One or
more members of a class may sue or be sued as representative parties on behalf
of all only if (1) the class is so numerous that joinder of all members is
impracticable, (2) there are questions of law or fact common to the class, (3)
the claims or defenses of the representative parties are typical of the claims
or defenses of the class, and (4) the representative parties will fairly and
adequately protect the interests of the class.
(b) Class Actions Maintainable. An action may
be maintained as a class action if the prerequisites of subdivision (a) are
satisfied, and in addition:
(1) the prosecution of separate actions by or against
individual members of the class would create a risk of
(A) inconsistent or varying adjudications with respect
to individual members of the class which would establish incompatible standards
of conduct for the party opposing the class, or
(B) adjudications with respect to individual members of
the class which would as a practical matter be dispositive of the interests of
the other members not parties to the adjudications or substantially impair or
impede their ability to protect their interests; or
(2) the party opposing the class has acted or refused to
act on grounds generally applicable to the class, thereby making appropriate
final injunctive relief or corresponding declaratory relief with respect to the
class as a whole; or
(3) the court finds that the questions of law or fact
common to the members of the class predominate over any questions affecting
only individual members, and that a class action is superior to other available
methods for the fair and efficient adjudication of the controversy. The matters
pertinent to the findings include: (A) the interest of members of the class in
individually controlling the prosecution or defense of separate actions; (B)
the extent and nature of any litigation concerning the controversy already
commenced by or against members of the class; (C) the desirability or
undesirability of concentrating the litigation of the claims in the particular
forum; (D) the difficulties likely to be encountered in the management of a
class action.
(c) Determination by Order Whether Class Action to
Be Maintained; Notice; Judgment; Actions Conducted Partially as Class Actions.
(1) As soon as practicable after the commencement of an
action brought as a class action, the court shall determine by order whether it
is to be so maintained. An order under this subdivision may be conditional, and
may be altered or amended before the decision on the merits.
(2) In any class action maintained under subdivision
(b)(3), the court shall direct to the members of the class the best notice
practicable under the circumstances, including individual notice to all members
who can be identified through reasonable effort. The notice shall advise each
member that (A) the court will exclude him from the class if he so requests by
a specified date; (B) the judgment, whether favorable or not, will include all
members who do not request exclusion; and (C) any member who does not request
exclusion may, if he desires, enter an appearance through his counsel.
(3) The judgment in an action maintained as a class
action under subdivision (b)(1) or (b)(2), whether or not favorable to the
class, shall include and describe those whom the court finds to be members of
the class. The judgment in an action maintained as a class action under
subdivision (b)(3), whether or not favorable to the class, shall include and
specify or describe those to whom the notice provided in subdivision (c)(2) was
directed, and who have not requested exclusion, and whom the court finds to be members
of the class.
(4) When appropriate (A) an action may be brought or
maintained as a class action with respect to particular issues, or (B) a class
may be divided into subclasses and each subclass treated as a class, and the
provisions of this rule shall then be construed and applied accordingly.
(d) Orders in Conduct of Actions. In the
conduct of actions to which this rule applies, the court may make appropriate
orders: (1) determining the course of proceedings or prescribing measures to
prevent undue repetition or complication in the presentation of evidence or
argument; (2) requiring, for the protection of the members of the class or
otherwise for the fair conduct of the action, that notice be given in such
manner as the court may direct to some or all of the members of any step in the
action, or of the proposed extent of the judgment, or of the opportunity of members
to signify whether they consider the representation fair and adequate, to intervene
and present claims or defenses, or otherwise to come into the action; (3)
imposing conditions on the representative parties or on interveners; (4)
requiring that the pleadings be amended to eliminate therefrom allegations as
to representation of absent persons, and that the action proceed accordingly;
(5) dealing with similar procedural matters. The orders may be combined with an
order under Rule 16, and may be altered or amended as may be desirable from
time to time.
(e) Dismissal or Compromise. A class action
shall not be dismissed or compromised without the approval of the court, and
notice of the proposed dismissal or compromise shall be given to all members of
the class in such manner as the court directs.
