Rule 3.765.Class action order
Division 7. Civil Case Management · Chapter 6. Management of Class Actions · Adopted 1855 · no amendments on record · Last verified July 29, 2026
Full Text of Rule 3.765
Plain-English Summary
An order that certifies, amends, or modifies a class cannot leave anyone guessing who is covered. Rule 3.765 requires the order to describe the class, and any subclasses, in enough detail that a reader can tell whether a given person belongs. That description becomes the reference point for everything that follows — notice, discovery from class members, settlement, and eventually the judgment.
The rule also gives the court two ways to shape the class around the realities of the case. It can certify an action as a class action limited to particular issues, letting some questions get resolved on a class-wide basis while others remain individual. And it can split the class into subclasses when different groups of class members have different interests or face different issues, so each subclass gets treatment suited to its own situation.
Frequently Asked Questions
What must a class certification order include?
A description of the class and of any subclasses, so it is clear who the order covers.
Can a class action be certified for only some issues in the case, rather than the whole dispute?
Yes. Rule 3.765 allows an action to be maintained as a class action limited to particular issues when appropriate.
Why would a court divide a class into subclasses?
Subclasses let the court address groups of class members whose interests or issues differ from the rest of the class, rather than treating the whole class as identical.
Does this rule apply when a court later changes an existing certification order?
Yes. An order amending or modifying a certification order must also describe the class and any subclasses, not just the original certification order.
Amendment History
Rule 3.765 renumbered effective January 1, 2007; adopted as rule 1855 effective January 1, 2002.