Parties, Roles, and Litigation Teams
Parties
In individual actions all plaintiffs are named. In class actions the named plaintiffs serve as representatives, subject to adequacy and typicality requirements, while absent members are bound without appearing.
Named plaintiffs bear discovery obligations absent members do not.
Alternative Names:
Named Party, Class Representative Plaintiff
Why it Matters?
Discovery is generally limited to named plaintiffs, which is why identifying unique defenses against them matters disproportionately, since a defense defeating typicality can prevent certification entirely. Absent member discovery requires a showing and is rarely permitted broadly. Deposing named plaintiffs early is accordingly the primary route to developing the certification opposition.
Frequently Confused with
Related terms
Frequently asked questions
Why does discovery focus on named plaintiffs?
What makes unique defenses significant?
