Rule 23-I.Class Actions: Procedure for Determining Whether Action May Be Maintained as Class Action; Additional Notice Requirements

Group IV: Parties · Last amended 2017 · Last verified July 14, 2026

In one sentenceRule 23-I is the Superior Court's own add-on to Rule 23: it requires a complaint proposing a class action to plead specific class allegations, sets a 90-day deadline for the plaintiff to move for certification, and spells out how that motion addresses notice to the class.

Full Text of Rule 23-I

Text sizeJump to: (a) (b) (c) (d)

(a) CLASS ACTION ALLEGATIONS. In any case sought to be maintained as a class action, the complaint must contain under a separate heading styled "Class Action Allegations":

(1) a reference to the portion or portions of Rule 23, under which the suit is claimed properly to be maintainable as a class action; and

(2) appropriate allegations justifying the claim, including but not limited to:

(A) the size (or approximate size) and definition of the alleged class;

(B) the basis on which the plaintiff claims to be an adequate representative of the class, or if the class is comprised of defendants, that those named as parties are adequate representatives of the class;

(D) in actions claimed to be maintainable as class actions under Rule 23(b)(3), allegations supporting the findings required by that rule.

(b) MOTION FOR CERTIFICATION. Within 90 days after the filing of a complaint in a case sought to be maintained as a class action, unless the court in the exercise of its discretion has extended this period, the plaintiff must move for a certification under Rule 23(c)(1) that the case may be so maintained. In ruling on the motion, the court may allow the action to be so maintained, may deny the motion, or may order that a ruling be postponed pending discovery or other appropriate preliminary proceedings. A defendant may move at any time to strike the class action allegations or to dismiss the complaint.

(c) PROVISIONS AS TO NOTICE. In an action maintained under Rule 23(b)(3), the plaintiff must include in the motion for certification a statement proposing:

(1) how, when, by whom, and to whom the notice required by Rule 23(c)(2) must be given;

(2) how and by whom payment is to be made; and

(3) by whom the response to the notice is to be received. In lieu of this statement, the movant may state reasons why a determination of these matters cannot be made at that time, and offer a proposal as to when the determination should be made. In certifying a class action as maintainable under Rule 23(b)(3), the court may include in its order the provisions for notice pursuant to Rule 23(c)(2) or may postpone a determination of the matter.

(d) APPLICABILITY TO COUNTERCLAIMS AND CROSSCLAIMS. The foregoing provisions apply, with appropriate adaptations, to any counterclaim or crossclaim alleged to be brought for or against a class.

Comments

2017 Amendments:

Stylistic changes were made to this rule to conform with the 2007 amendments to the Federal Rules of Civil Procedure. Subsections (b)(2) and (c)(2)-(4) were deleted as unnecessary because the material is covered by other rules.

Comment:

Rule 23-I. Section (a) incorporates the substance of U.S. District Court for D.C. Rule 23.1 which requires specific allegations, relating to the class character of the suit, to be included in the complaint. Section (b) has been amended to incorporate certain other features in U.S. District Court Rule 23.1. Section (b) provides a clear and simple procedure for promptly securing a Court ruling on the class character of the suit. The amendment requires a motion for certification as a class to be made within 90 days. Ten days is provided for an opposition to be filed. The procedure is similar to the local requirements for handling a motion for summary judgment set forth in Rule 12-I. However, the certification motion necessarily comes much earlier in the action than does a motion for summary judgment. Accordingly, Rule 23(c)(1) permits the Court to "alter or amend" its order later if there should develop matters not apparent to the Court at the time the order was entered. Note that the motion for certification and any opposition thereto should also contain any material with respect to notice procedure which may be required by Rule 23-I(c). Section (c) included matters which were previously contained in Rule 23-II, which is now vacant. This section provides a procedure for the Court to determine the manner in which notice to the class members is to be provided. The procedure is substantially identical to that of former Rule 23-II. As noted above, the use of "mini-hearings" as a tool for determining who should pay for the notice, which was found to be contrary to the language of Federal Rule 23 in Eisen, is specifically authorized under the amendment to this Court's Rule 23. Section (d) is taken from U.S. District Court Rule 23-1. Accordingly, the word "claimant" is changed to "plaintiff" throughout the Rule.

Plain-English Summary

Rule 23-I(a) requires a complaint that seeks to proceed as a class action to include a separate section headed "Class Action Allegations." That section must point to the specific part of Rule 23 the plaintiff relies on and must plead the facts supporting class treatment: the class's approximate size and definition, the basis for the representative party's adequacy — including, for a defendant class, why the named defendants adequately represent it — the common legal and factual questions, and, where the claim rests on the predominance-and-superiority category of Rule 23(b)(3), the facts supporting those specific findings.

Rule 23-I(b) puts a clock on the process: unless the court extends the period, the plaintiff must move for certification under Rule 23(c)(1) within 90 days after filing the complaint. The court can grant the motion, deny it, or postpone a ruling pending discovery or other preliminary proceedings. A defendant is not left waiting on that timeline — it may move at any time to strike the class action allegations or to dismiss the complaint outright.

For an action claimed to be maintainable under Rule 23(b)(3), Rule 23-I(c) requires the certification motion to also propose how, when, and by whom notice under Rule 23(c)(2) will be given, how payment for that notice will be handled, and who will receive the responses — or, if those details cannot yet be worked out, to explain why and propose when they can be. The court may adopt those notice provisions in its certification order or defer the question. Rule 23-I(d) extends all of this, adapted as needed, to a counterclaim or crossclaim asserted for or against a class.

Frequently Asked Questions

What must a complaint include if it proposes to proceed as a class action?

Rule 23-I(a) requires a separate section headed "Class Action Allegations" identifying which part of Rule 23 supports class treatment and pleading the class's size, definition, the basis for adequate representation, the common questions of law or fact, and, where relevant, the facts supporting a Rule 23(b)(3) predominance-and-superiority finding.

How long does a plaintiff have to move for class certification?

Rule 23-I(b) requires the motion within 90 days after the complaint is filed, unless the court extends that period in its discretion.

What can a defendant do to challenge class allegations before certification is decided?

Rule 23-I(b) lets a defendant move at any time to strike the class action allegations or to dismiss the complaint, independent of the plaintiff's 90-day deadline to move for certification.

What must the certification motion say about giving notice to the class?

For actions under the Rule 23(b)(3) predominance-and-superiority category, Rule 23-I(c) requires a statement proposing how, when, and by whom notice will be given, how payment will be handled, and who will receive responses — or an explanation of why that cannot yet be determined and a proposed timetable.

Does Rule 23-I apply to a class counterclaim, or only to an original complaint?

It applies to both. Rule 23-I(d) states that its provisions apply, with appropriate adaptations, to any counterclaim or crossclaim alleged to be brought for or against a class.

Source & verification. Rule text and official Comments are reproduced verbatim from the District of Columbia Superior Court Rules of Civil Procedure, adopted by the Superior Court of the District of Columbia. Last verified July 14, 2026. · Official source

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