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A.R.C.P. 23. Class Actions. Provides conditions under which class actions may be maintained. R. 55. Appellate Mediation
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Alaska R. Civ. Proc. 23: Class Actions 6 Alaska Admin. Code 30.420. Class action complaint at hearing. Governs class actions related to state commission for human rights.
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Arizona Rules of Civil Procedure 23, class actions.
Arizona Rules of Civil Procedure 39.1, trial of cases assigned to the complex civil litigation program.
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Arkansas R.C.P.R 23. Class actions. Arkansas R.A.P.--Civ. R. 2. Appealable matters priority. R.2(a)(6) and (7) allow appeals to be taken from circuit court to Arkansas Supreme Court from certain interlocutory orders. R.2(a)(9) governs appeals of orders granting or denying certification of class actions. Appealability of orders adjudicating fewer than all the claims of fewer than all the parties in multi-party actions is governed by R. 2(a)(11). See also Ark.R.C.P. R. 54(b). Judgments, costs; judgment upon multiple claims or involving multiple parties. The Model Appellant's Brief incorporating 2003 changes to ASCTR 4-1 and 4-2, July 2003, is available in pdf format. Class actions brought by and against unions and other unincorporated associations must be brought pursuant to Arkansas R.C.P.R. 23.2.
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California Rules of Court, Rules 3.400–3.550 govern complex cases. Rule 3.400(c)(1) includes “claims involving mass torts” and “environmental or toxic tort claims involving many parties” among complex case types governed by the rules.
California Rules of Court, Rules 3.750–3.771 govern management of complex cases and of class actions. California Code of Civil Procedure section 382 is the general class action statue and California Civil Code section 1750 et seq. governs class actions alleging unfair or deceptive acts or practices.
California Rules of Court, Title 5, Division II, Rules for Coordination of Civil Actions Commenced in Different Trial Courts, govern Judicial Council Coordinated Proceedings (JCCP). The San Diego Superior Court hears JCCP cases. (See Infrastructure: Special Dockets.)
Information on Appeal Procedures for Civil Cases provides an overview of appellate procedures for civil cases in which the amount in controversy is more than $25,000. The description of procedures is to accompany a thorough reading of California Rules of Court 8.100-8.278.
Standards of Judicial Administration, Title 3, Standard 3.10, covers complex civil litigation.
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C.R.C.P. Rule 23. Class action.
C.R.C.P. Rule 16. Case management and trial management. Governs management of civil cases in the district court. Provides for presumptive, modified, and stipulated case management orders; meet and confer; disclosures; settlement discussions; pretrial motions; etc.
C.R.C.P. Rule 16.1. Simplified procedure. Simplified procedure cannot apply to class actions.
C.R.C.P. R. 42.1 provides the procedure for coordinating related actions on a statewide basis, including a non-exhaustive list of factors to be considered by the panel on multi-district litigation in deciding to transfer cases.
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Conn. Super. Ct. § 9-7. Class actions; prerequisites to class actions.
Conn. Super. Ct. § 9-8. Class actions maintainable.
Conn. Super. Ct. § 9-9. Dismissal or compromise of class action.
For information about appellate procedure in Connecticut, see State of Connecticut Judicial Branch, Handbook of Connecticut Appellate Procedure, Hartford: 2003.
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Delaware Superior Court Civil Rules, Rules 124-133, Rules Governing Civil Actions Subject to Summary Proceedings for Commercial Disputes.
Chancery Court Rules especially R. 23, class action.
Class action rules, see also: S.Ct.Civ. Pro. R. 23; Common Pleas Ct.Civ.R. 23; Justice of the Peace Ct.Cv.R. 23.
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SCR-Civ. 23 and 23-I. Class actions.
SCR Civ.40-I. Assignment of cases for trial.
SCR Civ.. 40-II. Certification and assignment of cases to civil I calendars.
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Florida Rule of Civil Procedure 1.200. Pretrial procedure.
Florida Rule of Civil Procedure 1.220. Class Actions.
Florida Rule of Civil Procedure 1.221. Condominium Associations. (Allows Condo Associations to bring class action lawsuits.)
Florida Rule of Civil Procedure 1.222. Mobile Homeowners' Associations. (Same for Mobile Homeowner’s Associations.)
Thirteenth Judicial Circuit Complex Business Litigation Division Procedures
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Official Code of Georgia Annotated § 9-11-23. Class actions.
Uniform Superior Court Rules, R. 8.1. Scheduling trials.
Uniform Superior Court Rules, R. 9. Telephone and video-conferencing.
Georgia Commission on Dispute Resolution Alternative Dispute Resolution Rules.
See also interlocutory appeal.
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Hawaii Rules of Civil Procedure 23. Class Actions. Standard Class Action Rule.
Hawaii Rules of Civil Procedure 16. Pre-trial conferences; scheduling; management.
Hawaii Arbitration Rules. Matters subject to arbitration include all tort cases having a probable jury award value below $150,000, but any other civil case may be submitted to the program upon agreement of all parties and approval of arbitration judge.
Hawaii Rules of Appellate Procedure Rule 3. Defines how appeals may be taken in class actions.
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Idaho Rule of Civil Procedure 16 governs pre-trial conferences: 16(a), pre-trial conferences, objectives 16(b), scheduling and planning 16(c), subjects to be discussed at pre-trial conferences 16(d), final pre-trial procedure - formulating issues 16(e), pre-trial stipulation 16(f), pre-trial order 16(g), objections to pre-trial order 16(h), exhibits and witnesses 16(i), sanctions
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Supreme Court Rule 86 et seq. governs mandatory arbitration.
Supreme Court Rule 310.1 establishes the appellate court settlement program.
See also Civil Appeals Rules generally.
Circuit Court of Cook County Rule 20 governs the county's Major Case Court-annexed Civil Mediation program.
Rules of the Circuit Court of the Third Judicial Circuit (Bond & Madison Counties), Part Three: Law Division, R. 3.01, Circuit court rules regarding certain procedures in class action and other complex litigation. Includes pro hac vice, filings under seal, copies of pleadings, and motions settings.
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See Indiana Rules of Trial Procedure R. 23 and local orders.
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Iowa Rules of Civil Procedure 1.261-1.279. Class Actions.
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Rules Relating to District Courts:
Rule 142, medical and professional malpractice screening panels -- procedure, compensation, and expenses.
Rule 146, consolidation of multidistrict litigation.
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Kentucky Court Rules 23.01-23.05. Class actions. The civil rules mirror FRCP 23.
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Maine Rules of Civil Procedure R. 23.
Pilot Rules; Business and Consumer Docket Procedural Rules (eff. June 1, 2007).
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Massachusetts Rules of Civil Procedure R. 23.
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Michigan Court Rule 3.501 -- Class Actions.
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Mississippi is one of three states that never adopted Fed. R. Civ. P. 23 as part of its state rules of civil procedure. Despite Miss. Code Ann. §11-53-37 providing for attorney's fees if there was a class action, USF&G Ins. Co. v. Walls.
Miss. R. App. P. 5. Interlocutory appeal by permission.
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Supreme Court Rule 52.04, Supreme Court Rule 52.08, Court Clerk Handbook section 224.01: Class Actions, and form CV 185: Notice of Civil Action to Recover Damages.
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Rules of Civil Procedure, R. 23. Class actions.
Rules of Appellate Procedure R. 2(a).
See also case management and special dockets.
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Nevada Rules of Civil Procedure, Rule 16(c)(11). Lists "the need for adopting special procedures for managing potentially difficult or protracted actions that may involve complex issues, multiple parties, difficult legal questions, or unusual proof problems" among the topics to be discussed at the pretrial conference.
Nevada Rules of Civil Procedure, Rule 16.1(f). Mandatory pretrial discovery requirements may be waived in complex litigation upon good cause shown.
Nevada Rules of Civil Procedure Rule 23.
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New Mexico District Court Rule of Civil Procedure 1-023 Class actions.
R. Civ. P. Dist. Ct. 1-016. Pretrial conferences; scheduling; management.
R. Civ. P. Dist. Ct. 1-029. Stipulations regarding discovery procedure.
R, Civ. P. Dist. Ct. 1-030.1. Audiotaped and videotaped depositions.
R. Civ. P. Dist. Ct. 1-053. Masters.
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Rules of the Panel are located in the Uniform Rules for the Trial Courts, Section 202.69(b)3.
Commercial Division Uniform Rules, § 202.70. This section addresses various aspects of commercial litigation, including motion practice, electronic discovery, pre-trial conferences, temporary restraining orders, and trial scheduling.
The asbestos docket in Monroe County's Seventh Judicial District generally adheres to the Uniform Rules for the New York State Trial Courts, but supplements them with guidelines.
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N.D.R.Civ.P. 16(d)(12) lists "the need for adopting special procedures for managing potentially difficult or protracted actions that may involve complex issues, multiple parties, difficult legal questions, or unusual proof problems" as a subject to be discussed at the pretrial conference.
N.D.R.Civ.P. 23 on class actions is the only rule that comes close to specifically applying to mass torts. It is not based on the federal rule, but the Uniform Rule on Class Actions.
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Ohio Rules of Civil Procedure Rule 23.
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None except Class Actions under R. 12 § 2023, Oklahoma Rules of Civil Procedure.
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The mass tort program was established by the Pennsylvania Supreme Court by Administrative Order in 1991. As cases that could possibly be considered mass tort actions are filed, a decision is made pursuant to the filing of a Motion for Coordination as a Mass Tort Program by the Supervising Judge of the Trial Division-Civil. Where such a decision is made, an Order granting consolidation is entered by the Supervising Judge. See Rules of Procedure: Pennsylvania Rules of Court 1701 through 1716.
Montgomery County Local Rules of Civil Procedure, Rule 1041.1*, Asbestos Litigation - Special Provisions.
Revised Asbestos Summary Judgment Motion Procedures, rev'd October 29, 2008.
Revised Mass Tort Motion Procedures, rev'd October 29, 2008.
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None. In Rhode Island a claim that might qualify as a “mass tort” would be subject to general rules of civil procedure, & any applicable court rules, rules of judicial administration, policy, administrative order, statutes, etc. Where multiple causes of action have arisen from a “mass tort,” the Presiding Justice of the Rhode Island Superior Court has issued, on a case-by-case basis, admin orders assigning a specific judge to manage all tort claims at the trial stage. See Admin. Orders No. 2003-4 (Station nightclub fire), 2000-3 (lead paint litigation), 97-20 (tobacco litigation), 96-2 (asbestos-related litigation), and 95-20 (Catholic Diocese molestation litigation).
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South Carolina Rules of Civil Procedure, Rule 16. Pre-trial procedure: formulating issues. Among the issues for consideration at such hearings is "the advisability of reference of issues to a master (a) for findings to be used as evidence when the trial is to be by jury, or (b) disposition of non-jury issues. RCP 16(a)(6). Note to the Rule explains that "the aim of the Rule is to produce a meaningful pre-trial hearing in complex and difficult cases, and to avoid such hearings in routine actions."
RCP 23. Class actions.
RCP 29. Stipulations regarding discovery procedure.
RCP 72. Judgments and orders subject to appeal.
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Rule 42 of the Texas Rules of Civil Procedure deals with class actions. The rule specifies the situations in which class actions may be maintained. The rule also sets out the mechanics of notice and membership in a class. Additionally, the rule addresses the settlement of class actions, the appointment of class counsel, & the procedure for determining the award of attorney’s fees. Rule 13 of the Texas Rules of Judicial Administration deals with multidistrict litigation (MDL).
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Utah Rules of Civil Procedure Rule 16. Pretrial conferences, scheduling, and management conferences. The rule allows the court in its discretion or upon motion of a party to direct attorneys to appear for a pretrial conference for various purposes, including "establishing early and continuous control so that the case will not be protracted for lack of management." R.16(2) Court Rule 4-5-10 establishes court-annexed ADR for civil cases in district courts (Second, Third, and Fourth Judicial Districts).
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Vermont Rule of Civil Procedure 16, pretrial procedure; formulating issues.
Vermont Rule of Civil Procedure 16.1, complex actions.
Vermont Rule of Civil Procedure 23 covers class actions.
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VA does not recognize class action suits except in very limited circumstances. See Martindale-Hubbell 2005, p. VA-10; also see Revisor’s Notes to Va. Code Ann. §§ 8.01-281, 8.01-364; however, see Virginia Multiple Claimant Litigation Act, Va. Code Ann. Chapter 5.1 of Title 8.01(§ 8.01-267.1 et seq.).
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Rules do not single out mass tort cases; Civil Rule of Procedure 23(a) and (b) set forth class action requirements.
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West Virginia Rule of Civil Procedure 16. Pretrial conferences; scheduling; management. Among the objectives is "establishing early and continuing control so that the case will not be protracted because of lack of management." 16(a)(2). Subjects for consideration include "the need for adopting special procedures for managing potentially difficult or protracted actions that may involve complex issues, multiple parties, difficult legal questions, or unusual proof problems." R.16(c)12).
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See statutes (civil procedural rules are statutory).
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Wyoming Rule of Civil Procedure 23. Class Actions.
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