An action brought by or against the members of an unincorporated association as a class by naming certain members as representative parties may be maintained only if it appears that the representative parties will fairly and adequately protect the interests of the association and its members. In the conduct of the action the court may make appropriate orders corresponding with those described in Rule 23(d), and the procedure for dismissal or compromise of the action shall correspond with that provided in Rule 23(e). This rule shall not preclude an action brought by or against an unincorporated association pursuant to statute.
Rule 23.2.Actions Relating to Unincorporated Associations.
Last amended July 1, 1972 · Last verified July 3, 2026
In one sentenceRule 23.2 lets a lawsuit proceed for or against the members of an unincorporated association as a class, using named representatives, as long as those representatives will adequately protect the association's and its members' interests.
Full Text of Rule 23.2
Amendment History
Added May 15, 1972, effective July 1, 1972
Plain-English Summary
Rule 23.2 lets an action by or against an unincorporated association's members go forward as a class action, with certain members named as representative parties, but only if those representatives will adequately protect the interests of the association and its members. The court manages the case with orders like the ones available under Rule 23(d), and dismissal or compromise follows the same court-approval procedure Rule 23(e) sets out for class actions generally. The rule doesn't stand in the way of a suit brought by or against an unincorporated association under a statute that already allows it.
Frequently Asked Questions
Can members of an unincorporated association sue or be sued as a class?
Yes, under Rule 23.2, as long as the named representative members will adequately protect the interests of the association and its members.
Does Rule 23.2 override a statute that lets an unincorporated association sue or be sued directly?
No. The rule doesn't preclude an action brought by or against an unincorporated association under a statute that already permits it.
Source & verification. The rule text and History are reproduced verbatim from the
official Hawaii Rules of Civil Procedure (Haw. R. Civ. P. 23.2). Prescribed by the Supreme Court of Hawaii (Haw. Rev. Stat. § 602-11; Haw. Const. art. VI, § 7). The plain-English summary is original and written by us. Last verified July 3, 2026. ·
Official source
Also known as: unincorporated association lawsuitassociation class action