M.R. Civ. P. 23

(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 the member from the class if the member 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 the member 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 intervenors; (4) requiring that the pleadings be

amended to eliminate therefrom allegations as to representation of absent

persons, and that the action proceed accordingly; and (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.

(f) Payment of Residual Funds.

(1) “Residual funds” are those funds, if any, that remain after

reasonable efforts to pay approved class member claims and make other

approved disbursements, including any return of funds to the settling

defendant, called for by a settlement agreement approved under subdivision

(e) of this Rule.

(2) The parties may agree that residual funds be paid to an entity

whose interests reasonably approximate those being pursued by the class.

When it is not clear that there is such a recipient, unless otherwise required by

governing law, the settlement agreement should provide that residual fees, if

any, be paid to the Maine Bar Foundation to be distributed in the same manner

as funds received from interest on lawyers trust accounts pursuant to

M. Bar R. 6(a)(2)-(5).