Rule 1.265 – Amendment of certification order

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 adjudication limited to certain claims or issues.
d. Change the relief sought.
e. Make any other appropriate change in the order.
1. 265(2) If notice of certification has been given pursuant to rule 1.266, the court may order notice of the amendment of the certification order to be given in terms and to any members of the class the court directs.
1. 265(3) The reasons for the court’s ruling shall be set forth in the amendment of the certification order.
1. 265(4) An order amending the certification order is appealable. An order denying the motion of a member of a defendant class, not a representative party, to amend the certification order is appealable if the court certifies it for immediate appeal.

Iowa. R. Civ. P. 1.265

Report 1980; October 31,1997, effective January 24, 1998; November 9, 2001, effective February 15, 2002.