Rule 23.04.Orders in conduct of actions.

Current through June 18, 2026 · Last verified July 9, 2026

In one sentenceCR 23.04 gives courts case-management powers over a certified class action, letting judges control how the case unfolds, order notice to class members, set conditions on representatives or intervenors, and require amended pleadings, with these orders open to revision at any time.

Full Text of Rule 23.04

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(1) In conducting an action under CR 23.03, the court may issue orders that:

(a) determine the course of proceedings or prescribe measures to prevent undue repetition or complication in presenting evidence or argument;

(b) require -- to protect certified class members and fairly conduct the action -- giving appropriate notice to some or all class members of:

(i) any step in the action

(ii) the proposed extent of the judgment; or

(iii) the members' opportunity to signify whether they consider the representation fair and adequate, to intervene and present claims or defenses, or to otherwise come into this action.

(d) require that the pleadings be amended to eliminate allegations about representation of absent persons and that the action proceed accordingly; or

(e) deal with similar procedural matters.

(2) An order under CR 23.04 (1) may be altered or amended from time to time and may be combined with an order under Rule 16.

End

Amendment History

(Amended October 18, 1977, effective January 1, 1978; amended November 3, 2010, effective January 1, 2011.)

Plain-English Summary

Once a class action is underway, CR 23.04 gives the court broad tools to keep it running smoothly. A judge can set the order of proceedings and cut down on repetitive evidence or argument, require notice to class members about developments in the case, the scope of relief being sought, or their chance to weigh in on whether the representation looks fair and adequate, and impose conditions on the class representatives or anyone who intervenes. The court can also order the pleadings amended to drop allegations about representing absent class members if that turns out not to be workable, or address other procedural matters that come up along the way.

None of these orders are locked in. The court can change or update them as the case develops, and can fold them into a scheduling or case-management order issued under Rule 16.

Frequently Asked Questions

Can a judge require notice to class members while the case is still pending?

Yes. Under CR 23.04, the court may order notice to some or all class members about steps in the case, the scope of relief being sought, or their opportunity to intervene or object to how the class is being represented.

Can a court put conditions on who represents the class?

Yes. CR 23.04 lets the court impose conditions on the representative parties or on anyone who intervenes in the action.

Can case-management orders in a class action be changed later?

Yes. Orders issued under CR 23.04 can be altered or amended as the case goes on, and can be combined with a scheduling order under Rule 16.

Source & verification. The rule text is reproduced verbatim from the official Kentucky Rules of Civil Procedure (Ky. R. Civ. P. 23.04). Prescribed by the Supreme Court of Kentucky (Ky. Const. § 116). The plain-English summary is original and written by us. Last verified July 9, 2026. · Official source

Also known as: class action case management ordernotice to class members during litigationconditions on class representativeclass action procedural ordersCR 23.04