Civil Procedure Rule 23 (a) & (b)

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.

Numerosity

The class is so numerous that joinder of all members is impracticable

The class would be so numerous (usually at least 40) that joinder of them all as individual parties bringing their individual claims in one action would be difficult and inefficient

Commonality

There are questions of law or fact common to the class

There must be questions of fact or law common to the class

Typicality

The claims or defenses or the representative parties are typical of the claims or defenses of the class

The claims or defenses of the named party must be typical of those of the class, such that the named party does not have unique vulnerabilities

Adequate Representation

The representative parties will fairly and adequately protect the interests of the class

The named parties and their lawyers must, with fairness, competence, and experience, perseverance, and without conflict protect the interests of the class

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

Prosecuting separate actions by or against individual class members would create a risk 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 their ability to protect their interests

Prosecuting separate actions by or against individual class members would create a risk of: (shortened)

Separate actions by individual class members would create a risk of prejudice either to members of the class or to parties opposing the class

Injunctive Relief

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

Injunctive Relief (Shortened)

The courts may certify a class action in which the plaintiffs seek equitable relief in the form of an injunction or a declaratory judgement rather than monetary relief

Monetary Relief

The court finds that the question of law or fact common to class members predominate over any questions affecting only individual class members, and that a class action is superior to other available methods for fairly and efficiently adjudicating the controversy.

The matters pertinent to theses findings:

- The class members' interests 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 concentrating the litigation of the claims in the particular forum

- The likely difficulties in managing a class action