Text Size
Sunday, November 29, 2020

Click here for Advanced Search

Hon. Marco A. Hernández, Chief Judge

Mary L. Moran, Clerk of Court

Local Rules of Civil Procedure

LR 23 - Class Actions

(See Fed. R. Civ. P. 23)

LR 23-1 Document Caption Requirements (See LR 10-2)

The words CLASS ACTION ALLEGATION must be included on the first line of any document proposing or seeking to maintain a class action.

Example CLASS ACTION ALLEGATION COMPLAINT
Product Liability Action (28 U.S.C. § 1332)
DEMAND FOR JURY TRIAL

LR 23-2 Pleading Requirements

The filing party must also explain in separately titled and numbered paragraphs within the body of the document:

  1. How this action meets the prerequisites mandated by Fed. R. Civ. P. 23(a);
  2. How this action can be maintained as a class action under Fed. R. Civ. P. 23(b);
  3. The basis on which the party claims either to be an adequate representative of the class; or that the class is comprised of defendants, and that those individuals named as defendants are adequate representatives of the proposed class; and
  4. The question(s) of law and fact alleged to be common to the class.
Last Updated: Tuesday, February 14, 2017

Amendment History to LR 23
June 1, 2002
LR 23.1 Filed by line removed from example.
June 1, 2006
LR 23.1 Format example modified.
December 1, 2009
LR 23-1 "Demand for Jury Trial" capitalized.
March 1, 2014
LR 23-2(2) Removed the words "the provisions of" after "under."
LR 23-2(3) Changed "upon" to "on."
Last Updated: Tuesday, February 14, 2017
  • 1