Rule 23.2.Actions Relating to Unincorporated Associations
Group IV: Parties · Last amended 2017 · Last verified July 14, 2026
Full Text of Rule 23.2
Comments
This rule is identical to Federal Rule of Civil Procedure 23.2, as amended in 2007.
Identical to Federal Rule of Civil Procedure 23.2.
Plain-English Summary
Some groups — clubs, unions, and similar organizations — never incorporate, which raises the question of who sues or gets sued on the group's behalf. Rule 23.2 answers that by allowing an action to proceed by or against the members of an unincorporated association as a class, with certain members named as representative parties standing in for the whole membership on either side of the case.
That kind of representative action can go forward only if the named parties will adequately protect the interests of the association and its members — the same core concern that runs through Rule 23's requirements for representative litigation generally.
Rather than building a separate set of procedures from scratch, Rule 23.2 borrows directly from Rule 23: the court may issue the same kind of orders under Rule 23(d) to manage how the case proceeds, and any settlement, voluntary dismissal, or compromise must follow the court-approval procedure set out in Rule 23(e).
Frequently Asked Questions
What kind of entity does Rule 23.2 cover?
It covers unincorporated associations — groups such as clubs or unions that have not incorporated — allowing a suit to proceed by or against their members as a class through named representative parties.
Can members represent both a plaintiff class and a defendant class under this rule?
Yes. Rule 23.2 applies to an action brought by or against the members of an unincorporated association, so representative parties can stand in for the membership on either side of the case.
What has to be shown before this kind of representative action can proceed?
The action may be maintained only if it appears that the named representative parties will adequately protect the interests of the association and its members.
Can a Rule 23.2 case settle without the court's approval?
No. Rule 23.2 requires that any settlement, voluntary dismissal, or compromise follow the same procedure Rule 23(e) requires for class action settlements, which includes court approval.
What court powers apply to managing a case brought under Rule 23.2?
The court may issue any appropriate orders corresponding to those available under Rule 23(d), covering matters like the course of proceedings and notice to members about key developments in the case.