At preliminary approval the court determines whether it will likely be able to approve the settlement and certify the class, authorizing notice to be sent. Rule 23(e)(1) requires this showing before notice issues.
Final approval follows notice and a fairness hearing.
Alternative Names:
Preliminary Approval Order, Initial Approval
Why it Matters?
The 2018 amendments raised this stage from a formality to a substantive review, requiring the court to determine it will likely be able to approve rather than merely finding no obvious defect. Courts now regularly require supplemental submissions on notice reach, expected claims rates, and the fee structure before authorizing notice. Planning for that scrutiny avoids a delay that can add months to the approval timeline.
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Frequently asked questions
What did the 2018 amendments change?
What do courts now require?
