A class action is a procedural device governed by court rules; the proposed class, representative, claims, notice, settlement, and court orders must be evaluated in the particular case.

Rule 23 begins with representation

North Carolina Rule 23 states that when persons constituting a class are so numerous that bringing them all before the court is impracticable, one or more persons who will fairly ensure adequate representation may sue or be sued on behalf of all. The rule includes additional provisions for stated types of actions.

Dismissal or compromise is not automatic

Rule 23 provides that a class action may not be dismissed or compromised without the judge’s approval and that notice of a proposed dismissal or compromise must be given to class members in the manner the judge directs. The rule does not allow a general webpage to tell a reader whether a class will be certified, what notice means, or what an agreement provides.

Read the case-specific documents

If you receive a notice, begin with the court name, case number, proposed class description and listed dates. Identify what the notice asks you to do and where it directs questions. Keep the complete notice and any response confirmation together. Do not assume that receiving a notice establishes eligibility for a payment.

This overview concerns North Carolina state-court Rule 23. A notice from a federal court must be read with the rules and orders governing that case. The available choices and their consequences depend on the particular notice; there is no single response deadline or opt-out instruction that this page can supply for every class action.

  • The complaint, class definition, claims, court orders, and any certification ruling
  • The notice, deadline, proposed settlement or dismissal, and court-approved instructions
  • Whether a person is described as a class member, representative, objector, or excluded person
  • Any separate statute, federal rule, contract, or court order that applies to the proceeding

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