Fed. R. Civ. P. 23

(a) PREREQUISITES. One or more members of a class may sue or

be sued as representative parties on behalf of all members 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) TYPES OF CLASS ACTIONS. A class action may be maintained

if Rule 23(a) is satisfied and if:

(1) prosecuting separate actions by or against individual

class members would create a risk of:

(A) inconsistent or varying adjudications with respect to

individual class members that would establish incompatible standards of conduct for the party opposing the class;

or

(B) adjudications with respect to individual class members that, as a practical matter, would be dispositive of

the interests of the other members not parties to the individual adjudications or would substantially impair or impede their ability to protect their interests;

(2) the party opposing the class has acted or refused to act

on grounds that apply generally to the class, so that final injunctive relief or corresponding declaratory relief is appropriate respecting the class as a whole; or

(3) the court finds that the questions of law or fact common

to class members predominate over any questions affecting

only individual members, and that a class action is superior to

other available methods for fairly and efficiently adjudicating

the controversy. The matters pertinent to these findings include:

(A) the class members’ interests in individually controlling the prosecution or defense of separate actions;

(B) the extent and nature of any litigation concerning

the controversy already begun by or against class members;

(C) the desirability or undesirability of concentrating

the litigation of the claims in the particular forum; and

(D) the likely difficulties in managing a class action.

(c) CERTIFICATION ORDER; NOTICE TO CLASS MEMBERS; JUDGMENT;

ISSUES CLASSES; SUBCLASSES.

(1) Certification Order.

(A) Time to Issue. At an early practicable time after a

person sues or is sued as a class representative, the court

32 Rule 23 FEDERAL RULES OF CIVIL PROCEDURE

must determine by order whether to certify the action as

a class action.

(B) Defining the Class; Appointing Class Counsel. An order

that certifies a class action must define the class and the

class claims, issues, or defenses, and must appoint class

counsel under Rule 23(g).

(C) Altering or Amending the Order. An order that grants

or denies class certification may be altered or amended before final judgment.

(2) Notice.

(A) For (b)(1) or (b)(2) Classes. For any class certified

under Rule 23(b)(1) or (b)(2), the court may direct appropriate notice to the class.

(B) For (b)(3) Classes. For any class certified under Rule

23(b)(3)—or upon ordering notice under Rule 23(e)(1) to a

class proposed to be certified for purposes of settlement

under Rule 23(b)(3)—the court must direct to class members the best notice that is practicable under the circumstances, including individual notice to all members who

can be identified through reasonable effort. The notice

may be by one or more of the following: United States

mail, electronic means, or other appropriate means. The

notice must clearly and concisely 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 an attorney if the member so desires;

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

member who requests exclusion;

(vi) the time and manner for requesting exclusion;

and

(vii) the binding effect of a class judgment on members under Rule 23(c)(3).

(3) Judgment. Whether or not favorable to the class, the judgment in a class action must:

(A) for any class certified under Rule 23(b)(1) or (b)(2), include and describe those whom the court finds to be class

members; and

(B) for any class certified under Rule 23(b)(3), include and

specify or describe those to whom the Rule 23(c)(2) notice

was directed, who have not requested exclusion, and whom

the court finds to be class members.

(4) Particular Issues. When appropriate, an action may be

brought or maintained as a class action with respect to particular issues.

(5) Subclasses. When appropriate, a class may be divided into

subclasses that are each treated as a class under this rule.

(d) CONDUCTING THE ACTION.

(1) In General. In conducting an action under this rule, the

court may issue orders that:

(A) determine the course of proceedings or prescribe

measures to prevent undue repetition or complication in

presenting evidence or argument;

33 Rule 23 FEDERAL RULES OF CIVIL PROCEDURE

(B) require—to protect class members and fairly conduct

the action—giving appropriate notice to some or all class

members of:

(i) any step in the action;

(ii) the proposed extent of the judgment; or

(iii) the members’ opportunity to signify whether

they consider the representation fair and adequate, to

intervene and present claims or defenses, or to otherwise come into the action;

(C) impose conditions on the representative parties or on

intervenors;

(D) require that the pleadings be amended to eliminate

allegations about representation of absent persons and

that the action proceed accordingly; or

(E) deal with similar procedural matters.

(2) Combining and Amending Orders. An order under Rule

23(d)(1) may be altered or amended from time to time and may

be combined with an order under Rule 16.

(e) S ETTLEMENT, V OLUNTARY DISMISSAL, OR COMPROMISE. The

claims, issues, or defenses of a certified class—or a class proposed

to be certified for purposes of settlement—may be settled, voluntarily dismissed, or compromised only with the court’s approval.

The following procedures apply to a proposed settlement, voluntary dismissal, or compromise:

(1) Notice to the Class.

(A) Information That Parties Must Provide to the Court. The

parties must provide the court with information sufficient

to enable it to determine whether to give notice of the proposal to the class.

(B) Grounds for a Decision to Give Notice. The court must

direct notice in a reasonable manner to all class members

who would be bound by the proposal if giving notice is justified by the parties’ showing that the court will likely be

able to:

(i) approve the proposal under Rule 23(e)(2); and

(ii) certify the class for purposes of judgment on the

proposal.

(2) Approval of the Proposal. If the proposal would bind class

members, the court may approve it only after a hearing and

only on finding that it is fair, reasonable, and adequate after

considering whether:

(A) the class representatives and class counsel have adequately represented the class;

(B) the proposal was negotiated at arm’s length;

(C) the relief provided for the class is adequate, taking

into account:

(i) the costs, risks, and delay of trial and appeal;

(ii) the effectiveness of any proposed method of distributing relief to the class, including the method of

processing class-member claims;

(iii) the terms of any proposed award of attorney’s

fees, including timing of payment; and

(iv) any agreement required to be identified under

Rule 23(e)(3); and

(D) the proposal treats class members equitably relative

to each other.

34 Rule 23 FEDERAL RULES OF CIVIL PROCEDURE

(3) Identifying Agreements. The parties seeking approval must

file a statement identifying any agreement made in connection with the proposal.

(4) New Opportunity to Be Excluded. If the class action was

previously certified under Rule 23(b)(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.

(5) Class-Member Objections.

(A) In General. Any class member may object to the proposal if it requires court approval under this subdivision

(e). The objection must state whether it applies only to

the objector, to a specific subset of the class, or to the entire class, and also state with specificity the grounds for

the objection.

(B) Court Approval Required for Payment in Connection

with an Objection. Unless approved by the court after a

hearing, no payment or other consideration may be provided in connection with:

(i) forgoing or withdrawing an objection, or

(ii) forgoing, dismissing, or abandoning an appeal

from a judgment approving the proposal.

(C) Procedure for Approval After an Appeal. If approval

under Rule 23(e)(5)(B) has not been obtained before an appeal is docketed in the court of appeals, the procedure of

Rule 62.1 applies while the appeal remains pending.

(f) APPEALS. A court of appeals may permit an appeal from an

order granting or denying class-action certification under this

rule, but not from an order under Rule 23(e)(1). A party must file

a petition for permission to appeal with the circuit clerk within

14 days after the order is entered, or within 45 days after the order

is entered if any party is the United States, a United States agency, or a United States officer or employee sued for an act or omission occurring in connection with duties performed on the United

States’ behalf. An appeal does not stay proceedings in the district

court unless the district judge or the court of appeals so orders.

(g) CLASS COUNSEL.

(1) Appointing Class Counsel. Unless a statute provides otherwise, a court that certifies a class must appoint class counsel.

In appointing class counsel, the court:

(A) must consider:

(i) the work counsel has done in identifying or investigating potential claims in the action;

(ii) counsel’s experience in handling class actions,

other complex litigation, and the types of claims asserted in the action;

(iii) counsel’s knowledge of the applicable law; and

(iv) the resources that counsel will commit to representing the class;

(B) may consider any other matter pertinent to counsel’s

ability to fairly and adequately represent the interests of

the class;

(C) may order potential class counsel to provide information on any subject pertinent to the appointment and to

propose terms for attorney’s fees and nontaxable costs;

35 Rule 23.1 FEDERAL RULES OF CIVIL PROCEDURE

(D) may include in the appointing order provisions about

the award of attorney’s fees or nontaxable costs under

Rule 23(h); and

(E) may make further orders in connection with the appointment.

(2) Standard for Appointing Class Counsel. When one applicant

seeks appointment as class counsel, the court may appoint

that applicant only if the applicant is adequate under Rule

23(g)(1) and (4). If more than one adequate applicant seeks appointment, the court must appoint the applicant best able to

represent the interests of the class.

(3) Interim Counsel. The court may designate interim counsel

to act on behalf of a putative class before determining whether

to certify the action as a class action.

(4) Duty of Class Counsel. Class counsel must fairly and adequately represent the interests of the class.

(h) ATTORNEY’S FEES AND NONTAXABLE COSTS. In a certified class

action, the court may award reasonable attorney’s fees and nontaxable costs that are authorized by law or by the parties’ agreement. The following procedures apply:

(1) A claim for an award must be made by motion under Rule

54(d)(2), subject to the provisions of this subdivision (h), at a

time the court sets. Notice of the motion must be served on

all parties and, for motions by class counsel, directed to class

members in a reasonable 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 legal conclusions under Rule 52(a).

(4) The court may refer issues related to the amount of the

award to a special master or a magistrate judge, as provided

in Rule 54(d)(2)(D).

(As amended Feb. 28, 1966, eff. July 1, 1966; Mar. 2, 1987, eff. Aug.

1, 1987; Apr. 24, 1998, eff. Dec. 1, 1998; Mar. 27, 2003, eff. Dec. 1, 2003;

Apr. 30, 2007, eff. Dec. 1, 2007; Mar. 26, 2009, eff. Dec. 1, 2009; Apr.

26, 2018, eff. Dec. 1, 2018.)