Rule 23. Class Actions
Arizona Revised Statutes AnnotatedRules of Civil Procedure for the Superior Courts of ArizonaEffective: January 1, 2021
Effective: January 1, 2021
16 A.R.S. Rules of Civil Procedure, Rule 23
Rule 23. Class Actions
(3) the court finds that the questions of law or fact common to class members predominate over any questions affecting only individual members, and that a class action is superior to other available methods for fairly and efficiently adjudicating the controversy. The matters pertinent to these findings include:
(B) For (b)(3) Classes. For any class certified under Rule 23(b)(3)-or upon ordering notice under Rule 23(e)(1) to a class proposed to be certified for purposes of settlement under Rule 23(b)(3)-the court must 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. The notice may be by one or more of the following: United States mail, electronic means, or other appropriate means. The notice must clearly and concisely state in plain, easily understood language:
(e) Settlement, Voluntary Dismissal, or Compromise. The claims, issues, or defenses of a certified class--or a class proposed to be certified for purposes of settlement--may be settled, voluntarily dismissed, or compromised only with the court's approval. The following procedures apply to a proposed settlement, voluntary dismissal, or compromise:
(4) New Opportunity to Be Excluded. If the class action was previously certified under Rule 23(b)(3), the court may refuse to approve a settlement unless it affords a new opportunity to request exclusion by individual class members who had an earlier opportunity to request exclusion but did not do so.
(ii) Motion to the Court of Appeals. If the court states that it would grant the motion or that the motion raises a substantial issue, the movant must promptly move the Court of Appeals under Arizona Rule of Civil Appellate Procedure 3(b) to suspend the appeal and to revest jurisdiction in the superior court to allow the superior court to consider the motion under Rule 23(e)(5)(B).
(f) Appeals. The court's order certifying or denying class action status is appealable in the same manner as a final order or judgment. During the pendency of an appeal under A.R.S. § 12-1873, all discovery and other proceedings are stayed, but the court may, on motion, permit discovery to continue.
(2) Standard for Appointing Class Counsel. When one applicant seeks appointment as class counsel, the court may appoint that applicant only if the applicant is adequate under Rule 23(g)(1) and (4). If more than one adequate applicant seeks appointment, the court must appoint the applicant best able to represent the interests of the class.
Added Sept. 2, 2016, effective Jan. 1, 2017. Amended Aug. 26, 2020, effective Jan. 1, 2021.
16 A. R. S. Rules Civ. Proc., Rule 23, AZ ST RCP Rule 23
State Court Rules are current with amendments received through November 15, 2023. The Code of Judicial Administration is current with amendments received through November 1, 2023.
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