by admin | May 13, 2021 | Civil Procedure, Iowa
1. 267(1) A member of a plaintiff class may elect to be excluded from the action unless any of the following occur: a. The member is a representative party.b. The certification order contains an affirmative finding under rule 1.263(1)(a), (b), or (c).c. A counterclaim...
by admin | May 13, 2021 | Civil Procedure, Iowa
1. 266(1) Following certification the court, by order after hearing, shall direct the giving of notice to the class.1. 266(2) The notice, based on the certification order and any amendment of the order, shall include all of the following: a. A general description of...
by admin | May 13, 2021 | Civil Procedure, Iowa
1. 265(1) The court may amend the certification order at any time before entry of judgment on the merits. The amendment may do the following: a. Establish subclasses.b. Eliminate from the class any member who was included in the class as certified.c. Provide for an...
by admin | May 13, 2021 | Civil Procedure, Iowa
1. 264(1) The order of certification shall describe the class and state the following: a. The relief sought.b. Whether the action is maintained with respect to particular claims or issues.c. Whether subclasses have been created.1. 264(2) The order certifying or...
by admin | May 13, 2021 | Civil Procedure, Iowa
1. 263(1) In determining whether the class action should be permitted for the fair and efficient adjudication of the controversy, as appropriately limited under rule 1.262(3), the court shall consider and give appropriate weight to the following and other relevant...
by admin | May 13, 2021 | Civil Procedure, Iowa
1. 262(1) Unless deferred by the court, as soon as practicable after the commencement of a class action the court shall hold a hearing and determine whether or not the action is to be maintained as a class action and by order certify or refuse to certify it as a class...
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