Rule 1.264.Order on certification
Division II: Actions, Joinder of Actions and Parties · Last amended February 15, 2002 · Last verified July 15, 2026
Full Text of Rule 1.264
Plain-English Summary
Once the court decides whether to certify a class action, rule 1.264 tells it what the order has to contain. The order must describe the class itself, state the relief being sought, say whether the action is limited to particular claims or issues, and note whether the court has created subclasses. That level of detail gives everyone -- the class, the opposing party, and any reviewing court -- a clear picture of exactly what has been certified.
The order also has to explain itself: rule 1.264(2) requires the court to state the reasons for its ruling and its findings on the factors listed in rule 1.263(1), whether it certifies the class or refuses to. Both outcomes can be appealed immediately, which reflects how much turns on the certification decision. And refusing certification is not the end of the case -- rule 1.264(4) makes clear that the underlying lawsuit continues, just not as a class action; the claims can still proceed on an individual basis.
Frequently Asked Questions
What must a court's order say when it certifies a class action?
Under rule 1.264(1), the order must describe the class, state the relief sought, indicate whether the action is limited to particular claims or issues, and note whether subclasses have been created.
Does the court have to explain why it certified or refused to certify a class?
Yes. Rule 1.264(2) requires the order to state the reasons for the ruling and the court's findings on the factors listed in rule 1.263(1).
Can I appeal a decision refusing to certify a class action right away?
Yes. Rule 1.264(3) makes an order certifying or refusing to certify a class action appealable.
If the court refuses to certify my case as a class action, is the case over?
No. Rule 1.264(4) states that refusal of certification does not terminate the action -- it only precludes the case from being maintained as a class action, so the underlying claims can still proceed.
Can the certification order limit the class action to specific issues rather than the whole case?
Yes. The order must state whether the action is maintained with respect to particular claims or issues, as required by rule 1.264(1)(b).