Conn. Practice Book § 9-9

and Management of Class

(a) (1) (A) When a person sues or is sued as

a representative of a class, the court must, at an

early practicable time, determine by order whether

to certify the action as a class action.

(B) An order certifying a class action must define

the class and the class claims, issues or defenses,

and must appoint class counsel.

(C) An order under Section 9-9 (a) (1) (A) may

be altered or amended before final judgment.

(2) (A) For any class certified under Section 9-8

(1) or (2), the court must direct notice to the class.

(B) For any class certified under Section 9-8

(3), the court must direct to class members the

best notice practicable under the circumstances,

including individual notice to all members who can

be identified through reasonable effort. The notice

must concisely and clearly state in plain, easily

understood language:

(i) the nature of the action;

(ii) the definition of the class certified;

(iii) the class claims, issues or defenses;

(iv) that a class member may enter an appearance through counsel if the member so desires;

(v) that the court will exclude from the class any

member who requests exclusion, stating when

and how members may elect to be excluded; and

(vi) the binding effect of a class judgment on

class members under Section 9-8 (3).

(3) The judgment in an action maintained as a

class action under Section 9-8 (1) or (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 Section 9-8 (3), whether or

not favorable to the class, shall include and specify

or describe those to whom the notice provided in

Section 9-9 (a) (2) (B) 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 Sections 9-7 and

9-8 shall then be construed and applied accordingly.

(b) In the conduct of actions to which Section

9-7 et seq. apply, 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:

(A) any step in the action;

(B) the proposed extent of the judgment; or

(C) the opportunity of members to signify

whether they consider the representation fair and

adequate, to intervene and to present claims or

defenses, or otherwise to come into the action;

(3) imposing conditions on the representative

parties or on intervenors;

(4) requiring that the pleadings be amended to

eliminate therefrom allegations as to representa -

tion of absent persons, and that the action proceed accordingly;

(5) dealing with similar procedural matters.

The orders may be altered or amended as may

be desirable from time to time.

(c) (1) (A) The court must approve any settlement, withdrawal, or compromise of the claims,

issues, or defense of a certified class. Court

approval is not required for settlement, withdrawal

or compromise of a claim in which a class has

been alleged but no class has been certified.

(B) The court must direct notice in a reasonable

manner to all class members who would be bound

by a proposed settlement, withdrawal or compromise.

(C) The court may approve a settlement, withdrawal, or compromise that would bind class

members only after a hearing and on finding that

the settlement, withdrawal, or compromise is fair,

reasonable, and adequate.

(2) The parties seeking approval of a settlement, withdrawal, or compromise of an action in

which a class has been certified must file a statement identifying any agreement made in connection with the proposed settlement, withdrawal or

compromise.

(3) In an action previously certified as a class

action under Section 9-8 (3), the court may refuse

to approve a settlement unless it affords a new

opportunity to request exclusion to individual

class members who had an earlier opportunity to

request exclusion but did not do so.

(4) (A) Any class member may object to a proposed settlement, withdrawal or compromise that

requires court approval under (c) (1) (A).

(B) An objection made under (c) (4) (A) may be

withdrawn only with the court’s approval.

(d) Unless a statute provides otherwise, a court

that certifies a class must appoint class counsel.

An attorney appointed to serve as class counsel

must fairly and adequately represent the interests

of the class.

(1) In appointing class counsel, the court

must consider:

(A) the work counsel has done in identifying or

investigating potential claims in the action;

(B) counsel’s experience in handling class

actions, other complex litigation, and claims of the

type asserted in the action;

(C) counsel’s knowledge of the applicable

law; and

(D) the resources counsel will commit to representing the class.

(2) The court may:

(A) consider any other matter pertinent to counsel’s ability to represent the interests of the class

fairly and adequately;

(B) direct potential class counsel to provide

information on any subject pertinent to the

appointment and to propose terms for attorney’s

fees and nontaxable costs; and

(C) make further orders in connection with

the appointment.

(e) The court may designate interim counsel to

act on behalf of the putative class before determining whether to certify the action as a class action.

When there is one applicant for appointment as

class counsel, the court may appoint that appli -

cant only if the applicant is adequate under sub -

section (d). If more than one adequate applicant

seeks appointment as class counsel, the court

must appoint the applicant best able to represent

the interests of the class. The order appointing

class counsel may include provisions about the

award of attorney’s fees or nontaxable costs

under subsection (f).

(f) In an action certified as a class action, the

court may award reasonable attorney’s fees and

nontaxable costs authorized by law or by consent

of the parties as follows:

(1) a request for an award of attorney’s fees

and nontaxable costs must be made by motion

subject to the provisions of this subdivision, at a

time set by the court. Notice of the motion must

be served on all parties and, for motions by class

counsel, directed to class members in a reason -

able manner.

(2) A class member or a party from whom payment is sought, may object to the motion.

(3) The court may hold a hearing and must

find the facts and state its conclusions of law on

such motion.

(g) (1) ‘‘Residual funds’’ are funds that remain

after the payment of approved class member

claims, expenses, litigation costs, attorney’s fees,

and other court-approved disbursements made to

implement the relief granted. Nothing in this rule

is intended to limit the parties to a class action

from recommending, or the trial court from approving, a settlement that does not create residual

funds.

(2) Any order, judgment or approved settlement

in a class action that establishes a process for

identifying and compensating members of the

class may designate the recipient or recipients

of any such residual funds that may remain after

the claims payment process has been completed.

In the absence of such designation, the residual

funds shall be disbursed to the organization

administering the program for the use of interest

on lawyers’ client funds pursuant to General Statutes § 51-81c for the purpose of funding those

organizations that provide legal services for the

poor in Connecticut.