Rule 23.Class Actions.

Last amended October 15, 1999 · Last verified July 6, 2026

In one sentenceRule 23 lets one or more people sue or be sued on behalf of an entire class when the class is too large to join individually, the claims share common questions, and the representatives will fairly protect the class, and it sets out how a court certifies a class, gives it notice, and enters judgment for or against it.

Full Text of Rule 23

Text sizeJump to: (a) (b) (c) (d) (e)

(a) Prerequisites to a Class Action. One or more members of a class may sue or be sued as representative parties on behalf of all only if (1) the class is so numerous that joinder of all members is impracticable, (2) there are questions of law or fact common to the class, (3) the claims or defenses of the representative parties are typical of the claims or defenses of the class, and (4) the representative parties will fairly and adequately protect the interests of the class.

(b) Class Actions Maintainable. An action may be maintained as a class action if the prerequisites of subdivision (a) are satisfied, and in addition:

(1) The prosecution of separate actions by or against individual members of the class would create a risk of

(A) Inconsistent or varying adjudications with respect to individual members of the class which would establish incompatible standards of conduct for the party opposing the class, or

(B) Adjudications with respect to individual members of the class which would as a practical matter be dispositive of the interests of the other members not parties to the adjudications or substantially impair or impede their ability to protect their interests; or

(2) The party opposing the class has acted or refuses to act on grounds generally applicable to the class, thereby making appropriate final injunctive relief or corresponding declaratory relief with respect to the class as a whole; or

(3) The court finds that the questions of law or fact common to the members of the class predominate over any questions affecting only individual members, and that a class action is superior to other available methods for the fair and efficient adjudication of the controversy. The matters pertinent to the finding include: (A) the interest of members of the class in individually controlling the prosecution or defense of separate actions; (B) the extent and nature of any litigation concerning the controversy already commenced by or against members of the class; (C) the desirability or undesirability of concentrating the litigation of the claims in the particular forum; (D) the difficulties likely to be encountered in the management of a class action.

(c) Determination by Order Whether Class Action to Be Maintained—Notice—Judgment—Actions Conducted Partially as Class Actions.

(1) As soon as practicable after the commencement of an action brought as a class action, the court shall determine by order whether it is to be so maintained. An order under this subdivision may be conditional, and may be altered or amended before the decision on the merits.

(2) In any class action maintained under subdivision (b) (3), the court shall direct to the members of the class the best notice practicable under the circumstances, including individual notice to all members who can be identified through reasonable effort. The notice shall advise each member that

(A) the court will exclude the member from the class if the member so requests by a specified date; (B) the judgment, whether favorable or not, will include all members who do not request exclusion; and (C) any member who does not request exclusion may, if the member desires, enter an appearance through his counsel.

(3) The judgment in an action maintained as a class action under subdivision (b) (1) or (b) (2), whether or not favorable to the class, shall include and describe those whom the court finds to be members of the class. The judgment in the action maintained as a class action under subdivision (b) (3), whether or not favorable to the class, shall include and specify or describe those to whom the notice provided in subdivision (c) (2) was directed, and who have not requested exclusion, and whom the court finds to be members of the class.

(4) When appropriate (A) an action may be brought or maintained as a class action with respect to particular issues, or (B) a class may be divided into subclasses and each subclass treated as a class, and the provisions of this rule shall then be construed and applied accordingly.

(d) Orders in Conduct of Actions. In the conduct of actions to which this rule applies, the court may make appropriate orders: (1) determining the course of proceedings or prescribing measures to prevent undue repetition or complication in the presentation of evidence or argument; (2) requiring, for the protection of the members of the class or otherwise for the fair conduct of the action, that notice be given in such manner as the court may direct to some or all of the members of any step in the action, or of the proposed extent of the judgment, or of the opportunity of members to signify whether they consider the representation fair and adequate, to intervene and present claims or defenses, or otherwise to come into the action; (3) imposing conditions on the representative parties or on intervenors; (4) requiring that the pleadings be amended to eliminate therefrom allegations as to representation of absent persons, and that the action proceed accordingly; (5) dealing with similar procedural matters. The orders may be combined with an order under Rule 16, and may be altered or amended as may be desirable from time to time.

(e) Dismissal or Compromise. A class action shall not be dismissed or compromised without the approval of the court, and notice of the proposed dismissal or compromise shall be given to all members of the class in such manner as the court directs.

End

Amendment History

(Adopted by SCO 5 October 9, 1959; rescinded and promulgated by SCO 258 effective November 15, 1976; amended by SCO 1153 effective July 15, 1994; by SCO 1163 effective July 15, 1994; and by SCO 1361 effective October 15, 1999)

Notes

Note: Chapter 79 § 2 SLA 1999 enacts AS 09.65.260(c), which relates to class actions for damages arising from the year 2000 date change and caused directly or indirectly by a failure of an electronic computing device. According to § 4 of the act, the enactment of AS 09.65.260(c) has the effect of amending Civil Rule 23, by requiring, in a class action relating to the year 2000 date change, that the aggregate claim of all members of the class for economic loss exceeds $150,000.

Plain-English Summary

A class action requires four things: a class so large that joining everyone individually is impracticable, questions of law or fact common to the class, representative claims or defenses typical of the class, and representatives who will fairly and adequately protect the class's interests. Beyond that baseline, a class action can proceed if separate lawsuits would risk inconsistent rulings that create conflicting standards of conduct, or would as a practical matter dispose of absent members' interests; if the opposing party has acted or refused to act on grounds that apply to the whole class, making class-wide injunctive or declaratory relief appropriate; or if common questions predominate over individual ones and a class action is the superior way to resolve the dispute, weighing factors like individual members' interest in controlling their own suits and the practical difficulties of managing the class.

The court decides as soon as practicable whether an action may proceed as a class action, and that order can later be altered before a decision on the merits. For predominance-type classes, members get the best notice practicable, including individual notice where feasible, explaining their right to opt out, that the judgment will bind everyone who doesn't, and that anyone who stays in may appear through counsel. Judgment must describe who is bound by it, and the court can manage the case with orders addressing evidence, additional notice, conditions on the parties, or amended pleadings, and may certify a class on particular issues or split it into subclasses. A class action can't be dismissed or settled without the court's approval and notice to the class.

Frequently Asked Questions

What does a court look at before certifying a class action in Alaska?

Whether the class is too large to join individually, whether common legal or factual questions exist, whether the representatives’ claims are typical of the class, and whether the representatives will fairly and adequately protect the class’s interests.

Can class members opt out of an Alaska class action?

Yes, in a predominance-type class certified under (b)(3) — members get notice of their right to be excluded by a specified date.

Can a class action be settled or dismissed without court approval?

No — Rule 23(e) requires court approval for any dismissal or compromise, along with notice to the class in whatever manner the court directs.

Source & verification. The rule text, Amendment History, and Notes are reproduced verbatim from the official Alaska Rules of Civil Procedure (Alaska R. Civ. P. 23). Prescribed by the Supreme Court of Alaska (Alaska Const. art. IV, § 15). The plain-English summary is original and written by us. Last verified July 6, 2026. · Official source

Also known as: class action Alaska civil ruleclass certification requirements Alaskaopt out of class action Alaskaclass action settlement approvalAlaska R. Civ. P. 23