Rule 23.2.Actions Relating to Unincorporated Associations

Enacted effective October 1, 2011 · Last verified June 26, 2026

In one sentenceRule 23.2 allows a class-style action by or against the members of an unincorporated association through representative parties, if those representatives will fairly and adequately protect the association’s interests.

Full Text of Rule 23.2

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This rule applies to an action brought by or against the members of an unincorporated association as a class by naming certain members as representative parties. The action may be maintained only if it appears that those parties will fairly and adequately protect the interests of the association and its members. In conducting the action, the court may issue any appropriate orders corresponding with those in Rule 23(d), and the procedure for settlement, voluntary dismissal, or compromise must correspond with the procedure in Rule 23(e).

Plain-English Summary

An unincorporated association — a club, union, or similar group without a separate legal identity — can sue or be sued through representative members under Rule 23.2. The action proceeds as a kind of class action, and may be maintained only if the named representative parties will fairly and adequately protect the interests of the association and its members. In running the case, the court may issue orders corresponding to those in Rule 23(d), and any settlement follows the Rule 23(e) procedure.

Frequently Asked Questions

What does Rule 23.2 cover?

Class-style litigation by or against the members of an unincorporated association, brought through named representative parties.

When can such an action proceed?

Only if the representative parties will fairly and adequately protect the interests of the association and its members.

Source & verification. Reproduced verbatim from the Montana Code Annotated as published by the State Law Library of Montana and the Montana Legislature. This rule has not been amended since its adoption. Adopted by the Supreme Court of Montana (AF 07-0157). Last verified June 26, 2026. · Official text

Also known as: unincorporated association