TITLE FOUR — PARTIES; JOINDER OF CLAIMS AND REMEDIES; CLASS ACTIONS
Rule 18. Class Actions
Prerequisites to a Class Action. One or more members of a class may sue or be sued as representative parties on behalf of all members only if:
the class is so numerous that joinder of all members is impracticable;
there are questions of law or fact common to the class;
the claims or defenses of the representative parties are typical of the claims or defenses of the class; and
the representative parties will fairly and adequately protect the interests of the class.
Types of Class Action Maintainable. An action may be maintained as a class action if the prerequisites of subdivision (1) are satisfied and if:
prosecuting separate actions by or against individual class members would create a risk of inconsistent or varying adjudications with respect to individual class members that would establish incompatible standards of conduct for the party opposing the class, or of 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;
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
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 these findings include:
the interest of class members in individually controlling the prosecution or defense of separate actions;
the extent and nature of any litigation concerning the controversy already begun by or against class members;
the desirability or undesirability of concentrating the litigation of the claims before this court; and
the likely difficulties in managing a class action, including the practicability of reaching class members through the channels available under subdivision (4).
Certification Order.
Time to Determine. At an early practicable time after a person sues or is sued as a class representative, and in no event later than the close of the pre-trial period prescribed by Rule 6 unless that period is enlarged, the court shall determine by order whether to certify the action as a class action.
Contents of the Order. An order certifying a class action shall:
define the class and any subclass;
define the class claims, issues, and defenses;
state the paragraph of subdivision (2) under which the class is certified;
identify the representative parties by username and state the findings that satisfy subdivision (1);
appoint class counsel under subdivision (6);
direct the notice to be given under subdivision (4), specify the channels of notice, and fix the time within which notice shall be completed;
where the class is certified under subdivision (2)(c), fix the time and manner for requesting exclusion; and
state the effect the judgment will have upon class members.
Denial of Certification. An order denying certification shall state the grounds of the denial. Upon denial the action proceeds as an individual action, and the court shall order the pleadings amended under Rule 16 to eliminate the allegations of class representation.
Alteration or Amendment. An order granting or denying class certification may be altered or amended at any time before final judgment. An order is altered or amended by the entry of a further order; a filed document is not altered.
Issues Classes; Subclasses. When appropriate, an action may be brought or maintained as a class action with respect to particular issues, and a class may be divided into subclasses each of which is treated as a class under this rule.
Notice to the Class.
When Notice Is Required. For a class certified under subdivision (2)(a) or (2)(b), the court may direct such notice to the class as is appropriate. For a class certified under subdivision (2)(c), and for a class proposed to be certified for the purpose of settlement under subdivision (2)(c), the court shall 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.
Channels of Notice. The court shall direct notice through one or more of the following channels, and through no other:
publication in the proceeding communications for the case;
the filing of the notice, which upon acceptance appears upon the public docket where the case is not of a type the electronic filing system treats as confidential;
notice given by the electronic filing system upon the acceptance of that filing, which reaches participants in the case only and does not reach absent class members;
direct message to the Roblox or Discord account of a class member whose username is known, transmitted by class counsel;
publication in a community announcement channel, in a public in-game venue, or in another public forum the court designates in the certification order; and
announcement through the court’s public event feed of activity in the case.
No Postal or Physical Notice. The court shall not direct notice by mail or by any other physical delivery, and no such channel exists. A rule, order, or stipulation purporting to require notice by mail is of no effect.
Contents of the Notice. The notice shall state clearly and concisely, in plain and easily understood language:
the case number and the court;
the nature of the action;
the definition of the class certified and of any subclass;
the class claims, issues, and defenses;
that a class member may enter an appearance through an attorney if the member so desires;
that the court will exclude from the class any member who requests exclusion, where the class is certified under subdivision (2)(c);
the time and the manner for requesting exclusion, stated in hours or days and in Coordinated Universal Time;
the binding effect of a class judgment upon members; and
where the notice may be read in full upon the public docket.
Sensitive Information. The electronic filing system provides no means to redact a document or to seal a document in an otherwise public case. A notice, and every document filed in connection with a notice, shall omit information the filer is under a duty to withhold under Rule 5.6. The Clerk shall reject a filing that does not comply.
Report of Notice. Within twenty-four (24) hours after the time fixed for completing notice, class counsel shall file a report of the notice given. The report shall state each channel used, the time of each act of notice in Coordinated Universal Time, and the usernames of the members notified individually; and, where notice was given by direct message, it shall include a photograph, animated image, or video record of the message as Rule 4 permits for the demonstration of service by messaging. The report is not proof of service of process and does not satisfy Rule 4.2.
Cost of Notice. The cost of notice is borne by the representative parties unless the court orders otherwise, and may be taxed as costs at the conclusion of the action under Rule 41 and 7 R. Stat. §§ 132.201 through 132.203. The cost of notice is not a fee assessed by the electronic filing system, and no notice fee is assessed under Rule 6.1.
Requests for Exclusion. A request for exclusion shall be addressed to class counsel and to the Clerk in the manner the certification order prescribes, and shall identify the requesting member by username. The period for requesting exclusion shall not be less than seventy-two (72) hours after notice is completed. Class counsel shall file a list of the members who have requested exclusion within twenty-four (24) hours after the period closes. A member who requests exclusion is not bound by the judgment and is not a party.
Conducting the Action.
Orders in the Conduct of the Action. In conducting an action under this rule the court may issue orders that:
determine the course of the proceedings and prescribe measures to prevent undue repetition or complication in the presentation of evidence or argument;
require, in order to protect class members and fairly to conduct the action, that appropriate notice be given to some or all class members of any step in the action, of the proposed extent of the judgment, or of the members’ opportunity to signify whether they consider the representation fair and adequate, to intervene and present claims or defenses, or otherwise to come into the action;
impose conditions upon the representative parties or upon intervenors;
require that the pleadings be amended under Rule 16 to eliminate allegations about the representation of absent persons and that the action proceed accordingly; and
deal with similar procedural matters.
Combining and Amending Orders. An order under this subdivision may be altered or amended from time to time and may be combined with an order made under Rule 13.
Class Counsel.
Appointment Required. A court that certifies a class shall appoint class counsel. A class shall not be certified unless class counsel has been appointed and has entered an appearance of record.
Who May Serve. Class counsel shall be an attorney in good standing before the Ridgeway State Bar, as 3 R. Stat. §§ 151.002 and 151.006 require. An attorney who is suspended or disbarred shall not be appointed and, upon suspension or disbarment, ceases to be class counsel; the electronic filing system refuses an appearance naming a suspended or disbarred attorney. A person who has been declared delinquent may not be admitted to the practice of law, as 7 R. Stat. § 132.113(h) provides, and the court shall consider a subsisting declaration of delinquency in determining whether counsel is able to commit the resources the representation requires.
Self-Represented Parties. A self-represented party may not be appointed class counsel and may not maintain an action on behalf of a class. A self-represented party cannot add a party to a case, cannot enter an appearance for another, and cannot fairly and adequately protect the interests of absent members.
Factors in Appointing. In appointing class counsel the court shall consider the work counsel has done in identifying or investigating the potential claims in the action, counsel’s experience in handling class actions, other complex litigation, and the types of claims asserted, counsel’s knowledge of the applicable law, and the resources counsel will commit to representing the class. The court may consider any other matter pertinent to counsel’s ability fairly and adequately to represent the interests of the class, and may order a candidate to provide information upon any subject pertinent to the appointment and to propose terms for attorney’s fees and costs.
Standard for Appointment. Where one applicant seeks appointment, the court may appoint that applicant only if the applicant is adequate under this subdivision. Where more than one adequate applicant seeks appointment, the court shall appoint the applicant best able to represent the interests of the class.
Interim Counsel. The court may designate interim class counsel to act on behalf of a putative class before determining whether to certify the action.
Duty of Class Counsel. Class counsel shall fairly and adequately represent the interests of the class.
Settlement, Voluntary Dismissal, or Compromise.
Court Approval Required. The claims, issues, or defenses of a certified class, or of a class proposed to be certified for the purpose of settlement, may be settled, voluntarily dismissed, or compromised only with the approval of the court.
Information for the Court. The parties shall provide the court with information sufficient to enable it to determine whether to give notice of the proposal to the class.
Notice of the Proposal. The court shall direct notice in a reasonable manner, through the channels stated in subdivision (4)(b), to all class members who would be bound by the proposal, if the parties’ showing satisfies the court that it will likely be able to approve the proposal and to certify the class for the purpose of judgment upon the proposal.
Approval. If the proposal would bind class members, the court may approve it only after a hearing and only upon finding that it is fair, reasonable, and adequate, after considering whether:
the class representatives and class counsel have adequately represented the class;
the proposal was negotiated at arm’s length;
the relief provided for the class is adequate, taking into account the costs, risks, and delay of trial and appeal, the effectiveness of the proposed method of distributing relief and of processing claims of class members, the terms of any proposed award of attorney’s fees including the timing of payment, and any agreement identified under paragraph (e) of this subdivision; and
the proposal treats class members equitably relative to each other.
Identifying Agreements. The parties seeking approval shall file a statement identifying every agreement made in connection with the proposal.
The Terms Shall Be of Record. The terms of a proposed settlement, voluntary dismissal, or compromise shall be filed. The electronic filing system provides no means to seal or to redact a document in a case that is not of a confidential type, and the court shall not approve a settlement whose terms are withheld from the record. Information a filer is under a duty to withhold under Rule 5.6 shall be omitted, and where the terms cannot be stated without it the court shall not approve the proposal.
New Opportunity to Be Excluded. Where the class was previously certified under subdivision (2)(c), 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 and did not do so.
Objections. Any class member may object to a proposal that requires approval under this subdivision. The objection shall state whether it applies only to the objector, to a specific subset of the class, or to the entire class, and shall state with specificity the grounds of the objection. An objection shall be filed not less than seventy-two (72) hours before the hearing. A class member who is not a party presents an objection as Rule 17.2(5)(b) prescribes.
No Payment for Withdrawing an Objection. Unless approved by the court after a hearing, no payment or other consideration shall be provided in connection with forgoing or withdrawing an objection, or with forgoing, dismissing, or abandoning an appeal from a judgment approving a proposal.
Where the Government Is a Party. The Solicitor General may accept a settlement on behalf of the government and issue orders or decrees in line with that settlement within the bounds of state statute and the Constitution, as 7 R. Stat. § 122.006 provides. A settlement of a class action against the government shall not provide monetary relief exceeding the limits of 7 R. Stat. § 122.003.
Attorney’s Fees and Costs. In a certified class action the court may award reasonable attorney’s fees and costs authorized by law or by the parties’ agreement, as provided in Rule 41 and 7 R. Stat. §§ 132.201 through 132.203 and §§ 132.301 through 132.304. A claim for an award shall be made by motion at a time the court sets; notice of the motion is given to the parties by the electronic filing system upon acceptance and shall be directed to class members through the channels stated in subdivision (4)(b). A class member, or a party from whom payment is sought, may object to the motion. The court may hold a hearing and shall find the facts and state its conclusions of law as Rule 34 requires.
Judgment; Binding Effect. Whether or not favorable to the class, the judgment in a class action shall:
for a class certified under subdivision (2)(a) or (2)(b), include and describe those whom the court finds to be class members; and
for a class certified under subdivision (2)(c), include and specify or describe those to whom the notice required by subdivision (4) was directed, who have not requested exclusion, and whom the court finds to be class members.
Members shall be described by username where a username is known and otherwise by a description sufficient to identify them. Enforcement of a money judgment obtained in a class action proceeds under Rule 50.
Appeal of a Certification Order. A party may petition the Supreme Court for permission to appeal an order granting or denying class certification under this rule, but not an order directing notice of a proposed settlement under subdivision (7)(c). The petition shall be filed within seventy-two (72) hours after the order is entered upon the docket, in the manner the Ridgeway Rules of the Supreme Court prescribe and upon the terms and conditions that court specifies under Const. art. V, § 3. An appeal under this subdivision does not stay proceedings in the Superior Court unless that court or the Supreme Court so orders.
Class Actions Involving the Government. Sovereign immunity under 7 R. Stat. § 122.002 bars a class action against the government except upon a claim for which liability is expressly created against the government. Monetary damages in a class action against the government, in a class action to which the government is a party, and in a class action in which the government has intervened shall not exceed the limits fixed by 7 R. Stat. § 122.003, and those limits apply to the action as a whole and are not multiplied by the number of class members. A class action seeking the injunctive relief described in 7 R. Stat. § 122.101 shall plead the concrete, non-hypothetical harm that section requires as to the representative parties.
Restricted and Workflow-Owned Matters. No action shall be maintained as a class action in a matter to which Rule 5.4 applies. Where a matter is of a type the electronic filing system treats as confidential, its existence and its documents are withheld from the public docket, notice to a class cannot be given, and certification shall be denied.
Conflict With Class Membership. A person who is a member of a certified class shall not thereafter commence or maintain an individual action upon a class claim unless that person has requested exclusion under subdivision (4)(h) or the court has so ordered. Upon a showing that an individual action is barred by this subdivision, the court shall dismiss it without prejudice to the person’s rights as a class member.