Rule 3.764 Motion to certify or decertify a class or amend or modify an order certifying a class
Management of Class Actions
Rule Text
(a) Purpose
Any party may file a motion to:
(1) Certify a class;
(2) Determine the existence of and certify subclasses;
(3) Amend or modify an order certifying a class; or
(4) Decertify a class.
(b) Timing of motion, hearing, extension, deferral
A motion for class certification should be filed when practicable. In its discretion, the court may establish a deadline for the filing of the motion, as part of the case conference or as part of other case management proceedings. Any such deadline must take into account discovery proceedings that may be necessary to the filing of the motion.
(c) Format and filing of motion
(1) Time for service of papers
(2) Length of papers
(3) Documents in support
(4) Documents in opposition
(d) Presentation of evidence
Evidence to be considered at the hearing must be presented in accordance with rule 3.1306.
(e) Stipulations
The parties should endeavor to resolve any uncontroverted issues by written stipulation before the hearing. If all class issues are resolved by stipulation of the named parties and approved by the court before the hearing, no hearing on class certification is necessary.
Rule 3.764 amended January 1, 2026; adopted as rule 1854 effective January 1, 2002; previously amended and renumbered effective January 1, 2007.