Rule 3.766.Notice to class members
Division 7. Civil Case Management · Chapter 6. Management of Class Actions · Last amended 2007 · Last verified July 29, 2026
Full Text of Rule 3.766
Plain-English Summary
Once a class is certified, someone has to tell the people in it, and Rule 3.766 lays out how that happens. The court can direct either party to handle notification. Before that happens, the party proposing the class — the class proponent — must submit a statement addressing whether notice is even necessary, whether members can opt out, the proposed timing and method of notice, who should pay for it, and, if cost-shifting is on the table, an estimate of what it will cost. The court then makes its own order resolving those same five questions.
When class members have the right to exclude themselves, the content of the notice is not left to guesswork. It must explain the case in plain terms, including what each side contends and denies; tell members they will be excluded if they ask by a specified date; explain how to make that request; state that the judgment will bind everyone who does not opt out, win or lose; and let members know they can appear through their own counsel if they choose to stay in.
Choosing how to deliver notice involves weighing the class’s interests, the type of relief sought, each member’s individual stake, the cost of notice, the parties’ resources, the risk of prejudice to members who never receive it, and the binding effect the judgment will have on them. When reaching every member personally would cost too much, the stakes are too small, or some members cannot be found individually, the court can approve alternatives like publication, broadcast notice, or distribution through a relevant organization.
Frequently Asked Questions
Who decides whether class members can opt out of a certified class action?
The court does, after considering the class proponent’s statement on the issue, and the court’s order must state whether class members may exclude themselves.
What must a class notice say if members can exclude themselves?
It must explain the case, state that a member will be excluded on request by a specified date, explain the request procedure, state that the judgment will bind members who do not request exclusion, and note that a member who stays in may appear through counsel.
Who pays for notifying the class?
The class proponent proposes an allocation, including an estimate if cost-shifting is proposed, and the court decides the parties’ responsibility for the cost as part of its notice order.
Can a court approve notice by publication instead of individual mail?
Yes. When personal notice would be unreasonably expensive, the individual stakes are insubstantial, or not all class members can be identified and reached, the court can order a reasonable alternative such as publication, broadcast, or distribution through an organization.
What happens to a class member who does not ask to be excluded?
That member is bound by the judgment, whether it favors the class or not, and may appear in the action through counsel if desired.
Amendment History
Rule 3.766 amended and renumbered effective January 1, 2007; adopted as rule 1856 effective January 1, 2002.