Rule 23.2.Actions relating to unincorporated associations.
Last verified July 6, 2026
Full Text of Rule 23.2
Amendment History
This rule has not been amended since its adoption.
Committee Comments
Committee Comments on 1973 Adoption
This rule is identical to Federal Rule 23.2. Some doubt existed under earlier versions of the federal rules as to whether actions by or against unincorporated associations were correctly entitled to class action treatment when it would not sue or be sued as a jural person under Rule 17(b). This resolves doubt and is not in conflict with §§ 6-7-80 and 6-7-81, Code of Ala., wherein associations can sue or be sued in their common name.
District Court Committee Comments
The jurisdictional limitations applicable to the district court make it unsuitable for treatment of actions relating to unincorporated associations.
Plain-English Summary
An unincorporated association — a group like a labor union, homeowners' group, or social club that has not formed as a corporation — does not always fit neatly into ordinary lawsuit procedure, since it may have no single officer authorized to sue or be sued for the whole membership. Rule 23.2 addresses this by permitting an action to proceed with certain members named as representative parties standing in for the entire association and its membership, so the dispute does not require joining every individual member by name. Alabama law also allows an unincorporated association to sue or be sued in its own name in many situations, so Rule 23.2 is one of a few different routes to resolving a dispute involving this kind of group, not the only one.
The core requirement is direct: the representative parties must capably and adequately protect the interests of the association and its members, echoing the same adequacy concern that runs through ordinary class actions. Beyond that, the rule does not spell out a separate set of procedures; instead, it borrows them. Court management of the case — orders addressing how the litigation will proceed, what notice members should receive, and similar procedural matters — follows the same approach used for class actions generally, and the case cannot be dismissed or settled except in the same court-supervised way used to protect absent class members in an ordinary class action.
Frequently Asked Questions
What kinds of groups does Rule 23.2 cover?
It covers unincorporated associations — groups such as clubs, labor unions, or similar organizations that have not incorporated — when a lawsuit by or against the group proceeds with certain members acting as representatives for the whole membership.
Is Rule 23.2 the only way to sue an unincorporated association in Alabama?
No. Alabama law also permits many unincorporated associations to sue or be sued directly in the association's own name, so Rule 23.2's representative-member procedure is an alternative route rather than the exclusive one.
What has to be shown before a case can proceed under Rule 23.2?
The court must find that the members named as representative parties will capably and adequately protect the interests of the association and its broader membership.
Can a case brought under Rule 23.2 be settled without court approval?
No. Rule 23.2 directs that dismissal or compromise of the action follow the same court-supervised procedure used for class actions generally, which requires the court's approval before the case can be resolved.