Section 9-10.—Orders To Ensure Adequate Representation

Current through August 12, 2025 (2026 Practice Book edition) · Last verified July 9, 2026

In one sentenceThis rule lets a Connecticut court require security or set protective terms for a class at any stage of the case, order notice of key steps or a proposed settlement, and, if representation of absent members turns out inadequate, amend the pleadings and narrow the judgment to those adequately represented.

Full Text of Section 9-10

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The judicial authority at any stage of an action under this section may require such security and impose such terms as shall fairly and adequately protect the interests of the class in whose behalf the action is brought or defended. It may order that notice be given, in such manner as it may direct, of the pendency of the action, of a proposed settlement, of entry of judgment, or of any other proceedings in the action, including notice to the absent persons that they may come in and present claims and defenses if they so desire. Whenever the representation appears to the judicial authority inadequate fairly to protect the interests of absent parties who may be bound by the judgment, it may at any time prior to judgment order an amendment of the pleadings, eliminating therefrom all reference to representation of absent persons, and it shall order entry of judgment in such form as to affect only the parties to the action and those adequately represented.

End

Amendment History

(P.B. 1978-1997, Sec. 90.)

Plain-English Summary

Section 9-10 gives the judicial authority ongoing power to safeguard absent class members at any stage of a class action. It may require security or set terms needed to protect the class’s interests, and it may order notice — in whatever manner it directs — of the case’s pendency, a proposed settlement, entry of judgment, or other proceedings, including telling absent members they may come in and present their own claims or defenses.

If the representation of absent class members appears to the court inadequate to protect their interests, it may, at any time before judgment, order the pleadings amended to drop all references to representing those absent persons, and it must enter judgment in a form that affects only the parties to the action and those adequately represented.

Frequently Asked Questions

What can a Connecticut court require to protect a class’s interests under Section 9-10?

It may require security and impose whatever terms are needed to protect the interests of the class on whose behalf the action is brought or defended.

Can absent class members intervene in the case?

Yes. The court can order notice inviting absent persons to come in and present their own claims or defenses if they wish.

What happens if the class representation turns out to be inadequate?

The court may order the pleadings amended to remove references to representing absent members, and the judgment will bind only the parties to the action and those who were adequately represented.

Is Section 9-10 limited to one stage of a class action?

No. The rule applies at any stage of the action, from its early days through entry of judgment.

Source & verification. The section text is reproduced verbatim from the official Connecticut Practice Book (Conn. Practice Book § 9-10). Prescribed by the Judges of the Superior Court of Connecticut (Conn. Gen. Stat. Section 51-14). The plain-English summary is original and written by us. Last verified July 9, 2026. · Official source

Also known as: adequate representation class action Connecticutclass action security order CTprotecting absent class members ConnecticutPractice Book 9-10class action judgment binding effect CT