An action brought by or against the members of an unincorporated association as a class by naming certain members as representative parties may be maintained only if it appears that the representative parties will fairly and adequately protect the interests of the association and its members. In the conduct of the action the court may make appropriate orders corresponding with those described in Rule 23(d), and the procedure for dismissal or compromise of the action shall correspond with that provided in Rule 23(e).
Rule 23.2.Actions Relating to Unincorporated Associations
Last amended January 1, 1992 · Last verified July 13, 2026
In one sentenceRule 23.2 lets an unincorporated association sue or be sued through representative members standing in for the whole membership, since the association has no legal identity of its own.
Full Text of Rule 23.2
Amendment History
Amended November 11, 1991, effective January 1, 1992.
Reporter's Notes
Reporter’s Notes to Rule 23.2: 1. With the exception of minor wording changes, Rule 23.2 is identical to FRCP 23.2. These wording changes were necessary because of the revision of Rule 23 from FRCP 23. 2. Actions by and against members of unincorporated associations as a class have been long recognized in Arkansas. Since an association cannot sue or be sued in its own name, a class action has been the customary method of bringing suit. Baskin v. United Mine Workers of America, 150 Ark. 398, 234 S.W. 464 (1921); Smith v. Arkansas Motor Freight Lines, 214 Ark. 553, 217 S.W.2d 249 (1949).
3. Rule 23.2 should have little effect on Arkansas law. The rule simply provides safeguards to ensure that absent members of the association are fully protected. This rule does not affect the principle that individual members of an association are not liable for damages. Massey v. Rogers, 232 Ark. 110, 334 S.W.2d 664 (1960).
Plain-English Summary
An unincorporated association — a labor union, a club, an informal partnership — has no separate legal existence the way a corporation does, so it can't sue or be sued under its own name. Rule 23.2 fills that gap by letting a case proceed against, or on behalf of, a handful of representative members standing in for the whole membership, treated as a class. The main condition is that the chosen representatives be able to protect the interests of the association and its other members, since those absent members will be bound by the outcome just as if they had been named individually.
Once the representative structure is in place, the rule borrows its machinery from Rule 23: the court can issue the same kind of case-management orders described in Rule 23(d), and any settlement or dismissal has to follow the same court-approval and notice process laid out in Rule 23(e). Rule 23.2 doesn't change who can be held liable — individual members of an association still aren't personally on the hook for the association's obligations merely because they belong to it.
Frequently Asked Questions
Why can't an unincorporated association just sue or be sued in its own name?
An unincorporated association has no separate legal identity apart from its members, so Arkansas law has long required suits by or against the association to proceed through representative members acting as a class, rather than through the association as a named party.
Who can serve as a representative party under Rule 23.2?
Any member the court finds capable of adequately protecting the interests of the association and its other members. If the chosen representatives can't meet that standard, the action can't proceed on a representative basis.
Does Rule 23.2 make individual members personally liable for the association's obligations?
No. Rule 23.2 addresses how a suit involving the association is structured procedurally; it doesn't disturb the separate principle that individual members of an association aren't personally liable for the association's debts or conduct.
How does settling a Rule 23.2 action differ from settling an ordinary lawsuit?
It doesn't — the settlement or dismissal procedure has to follow Rule 23(e), the same court-approval and notice process used in class actions, because absent members of the association will be bound by the resolution.
Source & verification. Rule text, Reporter's Notes, and amendment
history are reproduced verbatim from the Arkansas Rules of Civil Procedure, prescribed by
the Arkansas Supreme Court. The plain-English summary is original and written by us.
Last verified July 13, 2026. ·
Official source
Also known as: unincorporated association lawsuit arkansassuing a labor union arkansasrepresentative action rule 23.2club or association lawsuit