This rule applies to an action brought by or against the members of an unincorporated association as a class by naming certain members as representative parties. The action may be maintained only if it appears that those parties will fairly and adequately protect the interests of the association and its members. In conducting the action, the court may enter any appropriate orders corresponding with those in Rule 23(d), and the procedure for settlement, voluntary dismissal, or compromise must comply with Rule 23(e).
Rule 23.2.Actions relating to unincorporated associations.
Last verified July 1, 2026
In one sentenceRule 23.2 lets a lawsuit by or against the members of an unincorporated association proceed as a class action through named representative parties, provided those representatives can adequately protect the association and its membership without a conflicting interest, applying Rule 23’s case-management and settlement procedures along the way.
Full Text of Rule 23.2
Amendment History
Promulgated by R-16-0010, effective January 1, 2017.
Plain-English Summary
An unincorporated association — a group like a club or association that has not formally incorporated — cannot always sue or be sued in its own name the way a corporation can. Rule 23.2 fills that gap by letting a lawsuit proceed by or against the association’s members as a class, with certain members standing in as representative parties for the whole group.
That approach is only available if the named representatives can adequately protect the interests of the association and its members, without a conflicting interest, echoing one of Rule 23’s own certification requirements. Once the case is underway, the court can enter the same kind of case-management orders available under Rule 23(d), and any settlement, voluntary dismissal, or compromise must follow the same approval process Rule 23(e) requires for ordinary class actions.
Frequently Asked Questions
Why does Rule 23.2 exist for unincorporated associations?
Because such associations often cannot sue or be sued in their own name, so members proceed instead as representative parties on behalf of the group.
What must be true of the representative parties in this kind of action?
They must be able to adequately protect the interests of the association and its members, without a conflicting interest.
Do the same settlement-approval rules from class actions apply here?
Yes, Rule 23(e)’s settlement, voluntary dismissal, and compromise procedures apply.
Source & verification. The rule text and History are reproduced verbatim from the
official Arizona Rules of Civil Procedure (Ariz. R. Civ. P. 23.2). Prescribed by the Supreme Court of Arizona (Ariz. Const. art. 6, § 5). The plain-English summary is original and written by us. Last verified July 1, 2026. ·
Official source
Also known as: unincorporated associationrepresentative partiesassociation lawsuit