Rule 23(c)(1)(B) requires an order defining the class, the class claims, issues, or defenses, and appointing class counsel. It follows the court's rigorous analysis of the Rule 23 requirements.
Orders may be altered or amended before final judgment.
Alternative Names:
Certification Order, Order Certifying Class
Why it Matters?
The order's precision matters for preclusion, since the judgment binds only as to the claims and issues the order identified. Vague orders produce disputes about what was resolved when subsequent litigation follows. The order also triggers the Rule 23(f) window for interlocutory appeal, which is short and non-extendable, making prompt evaluation of appeal prospects necessary rather than deliberate.
Frequently Confused with
Related terms
Frequently asked questions
What must the order specify?
What does entry trigger?
