(a) Class Action Complaint. The complaint in a class action case must bear next to its caption the legend, “Complaint-Class Action.” The complaint must contain, under a separate heading styled “Class Action Allegations,” the following:
(1) A reference to the portion or portions of Fed. R. Civ. P. 23
under which it is claimed that the suit is properly maintainable as a class action.
(2) Appropriate allegations thought to justify such claim, including, but not necessarily limited to:
(A) the size and definition of the alleged class;
(B) the basis upon which the plaintiff claims
(i) to be an adequate representative of the class; or
(ii) if the class is comprised of defendants, that those named as parties are adequate representatives of the class;
(C) the alleged question of law or fact claimed to be common to the class; and
(D) for actions sought to be maintained under Fed. R. Civ. P. 23(b)(3)
, allegations thought to support the findings required by that subdivision.
(b) Motion for Class Action Determination. Consistent with Fed. R. Civ. P. 23(c)(1), as early as is practicable, a party seeking certification of a class action must file a motion to determine whether the case may be maintained as a class action. If a party wishes to present oral testimony to support the class action motion, it must inform the court in its motion. In ruling on such a motion, the court may:
(1) allow the action to be so maintained;
(2) disallow and strike the class action allegations; or
(3) order postponement of the determination pending discovery or such other preliminary procedures as appropriate and necessary in the circumstances. Whenever possible, where the court postpones determination, the court will set a date for renewing the motion.
(c) Class Action Counterclaims or Crossclaims. The foregoing provisions apply, with appropriate adaptations, to any counterclaim or crossclaim alleged to be brought for or against a class.
(d) Burden of Proof; Notice. Any party seeking to maintain a case as a class action bears the burden of presenting an evidentiary basis to the court showing that the action is properly maintainable as such. If the court determines that an action may be maintainable as a class action, the party obtaining that determination must, unless the court orders otherwise, initially bear the expenses of and be responsible for giving such notice as the court may order to members of the class.
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As amended 9/28/87.