Section 9-9.—Procedure for Class Certification and Management of Class
Current through August 12, 2025 (2026 Practice Book edition) · Last verified July 9, 2026
In one sentenceSection 9-9 lays out how Connecticut courts certify and run a class action, covering the certification order, notice to class members, the content of the final judgment, case-management orders, settlement approval, appointment of class counsel, and how leftover settlement funds are distributed.
(a)(1) (A) When a person sues or is sued as a representative of a class, the court must, at an early practicable time, determine by order whether to certify the action as a class action. (B) An order certifying a class action must define the class and the class claims, issues or defenses, and must appoint class counsel. (C) An order under Section 9-9 (a) (1) (A) may be altered or amended before final judgment. (2) (A) For any class certified under Section 9-8 (1) or (2), the court must direct notice to the class. (B) For any class certified under Section 9-8 (3), the court must direct to class members the best notice practicable under the circumstances, including individual notice to all members who can be identified through reasonable effort. The notice must concisely and clearly state in plain, easily understood language:
(i)the nature of the action;
(ii)the definition of the class certified;
(iii)the class claims, issues or defenses;
(iv)that a class member may enter an appearance through counsel if the member so desires;
(v)that the court will exclude from the class any member who requests exclusion, stating when and how members may elect to be excluded; and
(vi)the binding effect of a class judgment on class members under Section 9-8 (3). (3) The judgment in an action maintained as a class action under Section 9-8 (1) or (2), whether or not favorable to the class, shall include and describe those whom the court finds to be members of the class. The judgment in an action maintained as a class action under Section 9-8 (3), whether or not favorable to the class, shall include and specify or describe those to whom the notice provided in Section 9-9 (a) (2) (B) was directed, and who have not requested exclusion, and whom the court finds to be members of the class. (4) When appropriate, (A) an action may be brought or maintained as a class action with respect to particular issues, or (B) a class may be divided into subclasses and each subclass treated as a class, and the provisions of Sections 9-7 and 9-8 shall then be construed and applied accordingly.
(b)In the conduct of actions to which Section 9-7 et seq. apply, the court may make appropriate orders:
(1)determining the course of proceedings or prescribing measures to prevent undue repetition or complication in the presentation of evidence or argument;
(2)requiring, for the protection of the members of the class or otherwise for the fair conduct of the action, that notice be given in such manner as the court may direct to some or all of the members of:
(A)any step in the action;
(B)the proposed extent of the judgment; or
(C)the opportunity of members to signify whether they consider the representation fair and adequate, to intervene and to present claims or defenses, or otherwise to come into the action;
(3)imposing conditions on the representative parties or on intervenors;
(4)requiring that the pleadings be amended to eliminate therefrom allegations as to representation of absent persons, and that the action proceed accordingly;
(5)dealing with similar procedural matters. The orders may be altered or amended as may be desirable from time to time.
(c)(1) (A) The court must approve any settlement, withdrawal, or compromise of the claims, issues, or defense of a certified class. Court approval is not required for settlement, withdrawal or compromise of a claim in which a class has been alleged but no class has been certified. (B) The court must direct notice in a reasonable manner to all class members who would be bound by a proposed settlement, withdrawal or compromise. (C) The court may approve a settlement, withdrawal, or compromise that would bind class members only after a hearing and on finding that the settlement, withdrawal, or compromise is fair, reasonable, and adequate. (2) The parties seeking approval of a settlement, withdrawal, or compromise of an action in which a class has been certified must file a statement identifying any agreement made in connection with the proposed settlement, withdrawal or compromise. (3) In an action previously certified as a class action under Section 9-8 (3), the court may refuse to approve a settlement unless it affords a new opportunity to request exclusion to individual class members who had an earlier opportunity to request exclusion but did not do so. (4) (A) Any class member may object to a proposed settlement, withdrawal or compromise that requires court approval under (c) (1) (A). (B) An objection made under (c) (4) (A) may be withdrawn only with the court’s approval.
(d)Unless a statute provides otherwise, a court that certifies a class must appoint class counsel. An attorney appointed to serve as class counsel must fairly and adequately represent the interests of the class.
(1)In appointing class counsel, the court must consider:
(A)the work counsel has done in identifying or investigating potential claims in the action;
(B)counsel’s experience in handling class actions, other complex litigation, and claims of the type asserted in the action;
(C)counsel’s knowledge of the applicable law; and
(D)the resources counsel will commit to representing the class.
(2)The court may:
(A)consider any other matter pertinent to counsel’s ability to represent the interests of the class fairly and adequately;
(B)direct potential class counsel to provide information on any subject pertinent to the appointment and to propose terms for attorney’s fees and nontaxable costs; and
(C)make further orders in connection with the appointment.
(e)The court may designate interim counsel to act on behalf of the putative class before determining whether to certify the action as a class action. When there is one applicant for appointment as class counsel, the court may appoint that applicant only if the applicant is adequate under subsection (d). If more than one adequate applicant seeks appointment as class counsel, the court must appoint the applicant best able to represent the interests of the class. The order appointing class counsel may include provisions about the award of attorney’s fees or nontaxable costs under subsection (f).
(f)In an action certified as a class action, the court may award reasonable attorney’s fees and nontaxable costs authorized by law or by consent of the parties as follows:
(1)a request for an award of attorney’s fees and nontaxable costs must be made by motion subject to the provisions of this subdivision, at a time set by the court. Notice of the motion must be served on all parties and, for motions by class counsel, directed to class members in a reasonable manner.
(2)A class member or a party from whom payment is sought, may object to the motion.
(3)The court may hold a hearing and must find the facts and state its conclusions of law on such motion.
(g)(1) ‘‘Residual funds’’ are funds that remain after the payment of approved class member claims, expenses, litigation costs, attorney’s fees, and other court-approved disbursements made to implement the relief granted. Nothing in this rule is intended to limit the parties to a class action from recommending, or the trial court from approving, a settlement that does not create residual funds. (2) Any order, judgment or approved settlement in a class action that establishes a process for identifying and compensating members of the class may designate the recipient or recipients of any such residual funds that may remain after the claims payment process has been completed. In the absence of such designation, the residual funds shall be disbursed to the organization administering the program for the use of interest on lawyers’ client funds pursuant to General Statutes § 51-81c for the purpose of funding those organizations that provide legal services for the poor in Connecticut.
Amendment History
(P.B. 1978-1997, Sec. 89.) (Amended June 22, 2009, to take effect Jan. 1, 2010; amended June 13, 2014, to take effect Jan. 1, 2015.)
Plain-English Summary
Section 9-9 walks through the mechanics of running a class action from certification to judgment. Early in the case, the court must decide by order whether to certify the class, and a certification order must define the class, the claims or issues or defenses at stake, and appoint class counsel; the order can be altered any time before final judgment. Classes certified under the first two categories of Section 9-8 require the court to direct notice to the class, while classes certified under the third category require the best notice practicable, including individual notice to members who can be identified through reasonable effort, spelling out the nature of the action, the class definition, the claims or defenses, the right to appear through counsel, the right to request exclusion, and the binding effect of the judgment. The final judgment must identify the class members it covers, and a case may be certified as to particular issues only, or split into subclasses each treated as its own class.
The section also gives the court tools to manage the case as it proceeds. It may issue orders to prevent repetitive or overly complicated proceedings, require notice to members about steps in the case or their right to intervene, impose conditions on the parties, or order that the pleadings be amended to drop references to absent members. Any settlement, withdrawal, or compromise of a certified class’s claims needs court approval after notice to the class and a hearing confirming the settlement is fair, reasonable, and adequate, and class members may object. The court must appoint class counsel — weighing the work already done investigating the claims, counsel’s experience, knowledge of the law, and the resources counsel will commit — and may award reasonable attorney’s fees and costs by motion. Residual funds left over after paying claims, expenses, and fees go wherever the order or settlement designates or, absent such a designation, to the organization administering Connecticut’s interest-on-lawyers’-client-funds program for legal services for the poor.
Frequently Asked Questions
When must a Connecticut court decide whether to certify a class?
At an early practicable time in the case, by order, and that certification order can be altered or amended anytime before final judgment.
What must a class certification order include?
It must define the class and the class claims, issues, or defenses, and it must appoint class counsel.
Does a class action settlement need court approval in Connecticut?
Yes, if a class has been certified — the court must approve any settlement, withdrawal, or compromise after notice to the class and a hearing. Approval is not required if a class was alleged but never certified.
What happens to money left over after a class action settlement is paid out?
These residual funds go to whoever the court’s order or the settlement designates, and if nothing is designated, they go by default to the organization that administers Connecticut’s program funding legal services for the poor.
Source & verification. The section text is reproduced verbatim from the
official Connecticut Practice Book (Conn. Practice Book § 9-9). Prescribed by the Judges of the Superior Court of Connecticut (Conn. Gen. Stat. Section 51-14). The plain-English summary is original and written by us. Last verified July 9, 2026. ·
Official source
Also known as:class action certification procedure Connecticutclass counsel appointment CTclass action settlement approval Connecticutresidual funds class action CTPractice Book 9-9 class management