Rule 1.265.Amendment of certification order
Division II: Actions, Joinder of Actions and Parties · Last amended February 15, 2002 · Last verified July 15, 2026
Full Text of Rule 1.265
Plain-English Summary
A certification order is not carved in stone once entered. Rule 1.265 lets the court revisit and amend it at any point before judgment on the merits, as the case develops and the court learns more about how the class and the claims fit together. The amendment can establish subclasses, drop a member who no longer belongs in the class as certified, limit the case to certain claims or issues, change the relief sought, or make any other change the court finds appropriate.
If notice of certification already went out to the class under rule 1.266, the court can order notice of the amendment as well, tailored to whichever members the court directs. As with the original certification order, the court must state its reasons for amending, and the amendment itself is appealable. There is one narrower path for a nonrepresentative member of a defendant class: if that member moves to amend the certification order and the court denies the motion, the denial is appealable only if the court certifies it for immediate appeal.
Frequently Asked Questions
Can a certification order be changed after it's entered?
Yes. Rule 1.265 lets the court amend a certification order at any time before entry of judgment on the merits.
What kinds of changes can an amended certification order make?
Rule 1.265(1) lists establishing subclasses, eliminating a member from the class as certified, limiting the adjudication to certain claims or issues, and changing the relief sought, along with any other appropriate change.
If the class was already notified about certification, do they get notified about an amendment too?
The court may order that notice of the amendment be given, in whatever terms and to whichever class members the court directs, under rule 1.265(2).
Is an order amending a certification order appealable?
Yes. Rule 1.265(4) makes an order amending the certification order appealable.
Can a defendant class member who is not a representative party appeal a denial of a motion to amend?
Only if the court certifies that denial for immediate appeal. Rule 1.265(4) treats this situation differently from an ordinary amendment order.