Rule 52.08.Class Actions.

Before any class action can go forward under Rule 52.08(a), four things must be true: the class must be so numerous that joining everyone individually is impracticable; there must be questions of law or fact common to the class; the claims or defenses of the representative parties must be typical of the class's; and the representative parties must adequately protect the interests of the class. All four are prerequisites — none is optional.

Beyond those four, the case must fit one of three categories under Rule 52.08(b). The first covers situations where separate individual lawsuits would risk inconsistent standards of conduct for the opposing party, or would as a practical matter be dispositive of other members' interests even though they were not parties. The second covers cases where the opposing party has acted or refused to act on grounds that apply to the class as a whole, making class-wide injunctive or declaratory relief appropriate. The third — the most commonly litigated category — requires that common questions predominate over individual ones and that a class action be the superior method for resolving the controversy, weighing factors such as individual members' interest in controlling their own suits, existing related litigation, the desirability of the chosen forum, and the practical difficulties of managing the class.

Once a class is certified, Rule 52.08(c) and (d) require the court to define the class and its claims early, appoint class counsel, and it may later alter that order before final judgment. Notice obligations differ by category: courts have discretion over notice for the first two categories, but for the predominance-and-superiority category the court must direct the best practicable notice, including individual notice to identifiable members, explaining the case, the class definition, the right to appear through counsel, the right to request exclusion, and the binding effect of the eventual judgment. The court can also issue case-management orders addressing evidence, notice to members about their options, conditions on representatives, or amending pleadings to strip out claims about absent members.

A certified class's claims can be settled, dismissed, or compromised only with court approval, following a structured process: the parties supply information so the court can decide whether to direct notice of the proposal, and if the proposal would bind the class, the court may approve it only after a hearing and only on finding it fair, reasonable, and adequate, considering the adequacy of representation, arm's-length negotiation, the relief provided, and equitable treatment among class members. Objections from class members are permitted, and any payment tied to withdrawing an objection or an appeal needs its own court approval. Certification orders — but not orders under the settlement-notice provision — may be appealed with permission, though an appeal does not automatically stay the trial court proceedings. Finally, the court appoints class counsel based on the work already done investigating the case, counsel's experience and legal knowledge, and the resources counsel will commit, and attorney fees and nontaxable costs are awarded by motion under Rule 74.16, subject to notice, objection, and, if needed, a hearing or referral to a special master.