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Rule 3.767.Orders in the conduct of class actions

Division 7. Civil Case Management · Chapter 6. Management of Class Actions · Last amended 2007 · Last verified July 29, 2026

In one sentenceRule 3.767 gives the court broad, ongoing authority to manage a class action through orders covering notice, conditions on representative parties, pleading amendments, and case-management tools like consolidation or bifurcation, and lets the court revise those orders as the case develops.

Full Text of Rule 3.767

Text sizeJump to: (a) (b)

(a) Court orders In the conduct of a class action, the court may make orders that:
(1) Require that some or all of the members of the class be given notice in such manner as the court may direct of any action in the proceeding, or of their opportunity to seek to appear and indicate whether they consider the representation fair and adequate, or of the proposed extent of the judgment;
(2) Impose conditions on the representative parties or on intervenors;
(3) Require that the pleadings be amended to eliminate allegations as to representation of absent persons, and that the action proceed accordingly;
(4) Facilitate the management of class actions through consolidation, severance, coordination, bifurcation, intervention, or joinder; and
(5) Address similar procedural matters. (Subd (a) amended effective January 1, 2007.)
(b) Altered or amended orders The orders may be altered or amended as necessary. (Subd (b) amended effective January 1, 2007.)

Plain-English Summary

A class action does not stop needing court supervision once it is certified, and Rule 3.767 confirms the court’s hand stays on the wheel throughout. It can order notice to some or all class members about developments in the case, their chance to weigh in on whether the representation is fair and adequate, or the scope the judgment will eventually have. It can impose conditions on the named parties or on anyone who intervenes. And when the pleadings still describe absent class members in ways that no longer fit how the case is proceeding, the court can require amendments to clean that up.

The rule also covers the mechanics of managing complex litigation: consolidating related cases, severing claims, coordinating actions across courts, bifurcating issues for separate trial, allowing intervention or joinder, and handling similar procedural questions as they come up. Subdivision (b) makes clear none of this is locked in — the court can alter or amend these orders as the case develops, which reflects how much a class action can change between certification and final judgment.

Frequently Asked Questions

Does the court’s authority to manage a class action end once the class is certified?

No. Rule 3.767 gives the court continuing authority to enter management orders throughout the case, not only at certification.

Can the court change an order it already made in a class action?

Yes. Subdivision (b) allows the orders to be altered or amended as necessary as the case progresses.

What kind of conditions can a court place on the named plaintiff or an intervenor?

Rule 3.767 authorizes the court to impose conditions on the representative parties or on intervenors, though the specific conditions depend on the needs of the case.

Can the court combine a class action with related cases?

Yes. The rule lets the court facilitate management through consolidation, severance, coordination, bifurcation, intervention, or joinder.

Amendment History

Rule 3.767 amended and renumbered effective January 1, 2007; adopted as rule 1857 effective January 1, 2002.

Source & verification. Rule text is reproduced verbatim from the Judicial Council of California. Adopted by the Judicial Council of California. Last verified July 29, 2026. · Official source
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