Rule 1.262.Certification of class action
Division II: Actions, Joinder of Actions and Parties · Last amended February 15, 2002 · Last verified July 15, 2026
Full Text of Rule 1.262
Plain-English Summary
Rule 1.262 is where a class action either moves forward or gets cut down to an ordinary lawsuit. Unless the court defers the question, it must hold a hearing as soon as practicable after the action is filed and then certify or refuse to certify the case as a class action by order. The court can certify only if it makes three findings: the numerosity-and-commonality test in rule 1.261 is satisfied, a class action would serve the fair and efficient adjudication of the dispute, and the representative parties will adequately protect the interests of everyone else in the class.
Certification does not have to be all-or-nothing. Rule 1.262(3) lets the court certify an action with respect to a particular claim or issue rather than the whole case, limit certification to obtaining specific kinds of relief -- equitable, declaratory, or monetary -- and divide the class into subclasses that are each treated as their own class. That flexibility lets a court certify the parts of a case that truly benefit from class treatment while leaving the rest to proceed in the normal course.
Frequently Asked Questions
When does the court decide whether to certify a class action?
Rule 1.262 requires a certification hearing as soon as practicable after the action commences, unless the court defers that determination, followed by an order certifying or refusing to certify the case.
What three findings does the court need to make to certify a class action?
Under rule 1.262(2), the court must find that the rule 1.261 requirements are met, that a class action should be permitted for the fair and efficient adjudication of the controversy, and that the representative parties will adequately protect the interests of the class.
Can a court certify only part of a case as a class action?
Yes. Rule 1.262(3) lets the court certify an action with respect to a particular claim or issue, rather than certifying the entire case for class treatment.
Can a class be split into smaller groups?
Yes. Rule 1.262(3)(c) allows the court to divide a class into subclasses and treat each subclass as its own class.
Can certification be limited to certain kinds of relief, like a declaration rather than money damages?
Yes. Rule 1.262(3)(b) lets the court certify a class action to obtain one or more forms of relief specifically -- equitable, declaratory, or monetary.