Rule 1.262 – Certification of class action

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 action.
1. 262(2) The court may certify an action as a class action if it finds all of the following:

a. The requirements of rule 1.261 have been satisfied.
b. A class action should be permitted for the fair and efficient adjudication of the controversy.
c. The representative parties fairly and adequately will protect the interests of the class.
1. 262(3) If appropriate, the court may do any of the following:

a. Certify an action as a class action with respect to a particular claim or issue.
b. Certify an action as a class action to obtain one or more forms of relief, equitable, declaratory, or monetary.
c. Divide a class into subclasses and treat each subclass as a class.

Iowa. R. Civ. P. 1.262

Report 1980; November 9, 2001, effective February 15, 2002.