(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. ยง 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:
- How this action meets the prerequisites mandated by Fed. R. Civ. P. 23(a);
- How this action can be maintained as a class action under Fed. R. Civ. P. 23(b);
- 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
- The question(s) of law and fact alleged to be common to the class.
| 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." |