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RULE 23.1 | CLASS ACTIONS

In any case sought to be maintained as a classaction:
(a) The pleading shall bear next to its caption the legend “Class Action.”

(b) The pleading shall contain under a separate heading, styled “Class Action Allegations:”
(1) A reference to the portion or portions of Federal Rule of Civil Procedure 23 under which it is claimed that the suit is properly maintainable as a classaction.

(2) Appropriate allegations thought to justify such claim, including, but not necessarily limited to:
(A) the size (or approximate size) and definition of the alleged class

(B) the basis upon which the plaintiff (or plaintiffs) claims
(i) to be an adequate representative of the class, or

(ii) if the classis composed of defendants, that those named as parties are adequate representatives of the class
(C) the alleged questions of law and fact claimed to be common to the class, and

(D) in actions claimed to be maintainable as classactions under Federal Rule of Civil Procedure 23(b)(3), allegations thought to support the findings required by that subdivision.
(c) In ruling on any motion by a putative classaction plaintiff for a determination under Federal Rule of Civil Procedure 23(c)(1) as to whether an action is to be maintained as a classaction, the Court may allow the action to be so maintained, may disallow and strike the classaction allegations, or may order postponement of the determination pending discovery or such other preliminary procedures as appear to be appropriate and necessary in the circumstances. Whenever possible, where it is held that the determination should be postponed, a date will be fixed by the Court for renewal of the motion.
Authority
(1993) Former Local Rule 19. Renumbered per Model Rules. In accordance with Model Rule 23.1.
Congratulations! You're now booked up on USFLSD Local Rule 23.1!

You might need to reference it during your pursuit of justice.

For instance, you might need to understand certain local rules to recover from the damages that lawbreaking judges/lawyers have inflicted upon you (see this example of a Florida judge who outright committed perjury).

As always, please get the justice you deserve.

Sincerely,



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