Absent members are represented by the named plaintiffs and class counsel. They receive notice in Rule 23(b)(3) classes with a right to opt out, and are bound by the judgment if they remain.
Discovery from absent members is restricted.
Alternative Names:
Unnamed Class Member, Absent Member
Why it Matters?
Due process requires adequate representation and, for damages classes, notice and opt-out rights, which is why adequacy challenges matter beyond the certification requirements themselves. A judgment binding members who were inadequately represented is vulnerable to collateral attack. Discovery from absent members requires a showing of necessity and is generally limited to written discovery rather than depositions.
Frequently Confused with
Related terms
Frequently asked questions
What binds absent members?
Is discovery available from absent members?
