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 factors:
a. Whether a joint or common interest exists among members of the class.b. Whether the prosecution of separate actions by or against individual members of the class would create a risk of inconsistent or varying adjudications with respect to individual members of the class that would establish incompatible standards of conduct for a party opposing the class.c. Whether adjudications with respect to individual members of the class as a practical matter would be dispositive of the interests of other members not parties to the adjudication or substantially impair or impede their ability to protect their interests.d. Whether a party opposing the class has acted or refused to act on grounds generally applicable to the class, thereby making final injunctive relief or corresponding declaratory relief appropriate with respect to the class as a whole.e. Whether common questions of law or fact predominate over any questions affecting only individual members.f. Whether other means of adjudicating the claims and defenses are impracticable or inefficient.g. Whether a class action offers the most appropriate means of adjudicating the claims and defenses.h. Whether members who are not representative parties have a substantial interest in individually controlling the prosecution or defense of separate actions.i. Whether the class action involves a claim that is or has been the subject of a class action, a government action, or other proceeding.j. Whether it is desirable to bring the class action in another forum.k. Whether management of the class action poses unusual difficulties.l. Whether any conflict of laws issues involved pose unusual difficulties.m. Whether the claims of individual class members are insufficient in the amounts or interests involved, in view of the complexities of the issues and the expenses of the litigation, to afford significant relief to the members of the class.1. 263(2) In determining under rule 1.262(2) that the representative parties fairly and adequately will protect the interests of the class, the court must find all of the following:
a. The attorney for the representative parties will adequately represent the interests of the class.b. The representative parties do not have a conflict of interest in the maintenance of the class action.c. The representative parties have or can acquire adequate financial resources, considering rule 1.276, to ensure that the interests of the class will not be harmed.
Iowa. R. Civ. P. 1.263
Report 1980; October 31,1997, effective January 24, 1998;November 9, 2001, effective February 15, 2002.
