Division II: Actions, Joinder of Actions and Parties · Last amended February 15, 2002 · Last verified July 15, 2026
In one sentenceRule 1.267 lets most members of a plaintiff class opt out by filing a timely election of exclusion, but bars opting out for representative parties, members bound by certain findings under rule 1.263, or members facing a pending counterclaim, and never allows opt-out for a defendant class.
1.267(1)A member of a plaintiff class may elect to be excluded from the action unless any of the following occur:
a.The member is a representative party.
b.The certification order contains an affirmative finding under rule 1.263 (1)(a), (b), or (c).
c.A counterclaim under rule 1.270 is pending against the member or that member's class or subclass.
1.267(2)Any member of a plaintiff class entitled to be excluded under rule 1.267 (1) who files an election to be excluded, in the manner and in the time specified in the notice, is excluded from and not bound by the judgment in the class action.
1.267(3)The elections shall be made a part of the record in the action.
1.267(4)A member of a defendant class may not elect to be excluded.
Plain-English Summary
The right to walk away from a class action -- to litigate your own claim instead of being bound by the class judgment -- is not universal. Rule 1.267 gives a plaintiff class member the right to elect exclusion, but carves out three situations where that right doesn't exist: the member is a representative party, the certification order rests on one of the findings described in rule 1.263(1)(a) through (c) -- about joint or common interests, the risk of inconsistent adjudications, or practical prejudice to absent members -- or a counterclaim under rule 1.270 is pending against that member or the member's class or subclass.
Where the right does exist, a member who files a timely election of exclusion, in the manner and by the date specified in the class notice, is excluded from the action and not bound by whatever judgment follows. Those elections become part of the case record. Rule 1.267(4) draws a firm line for defendant classes: a member of a defendant class may not elect exclusion at all, reflecting how differently the rules treat plaintiff and defendant classes when it comes to opting out.
Frequently Asked Questions
Can any member of a plaintiff class opt out of a class action?
Not always. Rule 1.267(1) bars exclusion for a representative party, for a member whose certification rests on one of the findings in rule 1.263(1)(a) through (c), and for a member facing a pending counterclaim under rule 1.270.
What happens if I properly opt out of a class action?
Under rule 1.267(2), you are excluded from the action and are not bound by the judgment, as long as you file the election of exclusion in the manner and timeframe the notice specifies.
Can members of a defendant class opt out?
No. Rule 1.267(4) states that a member of a defendant class may not elect to be excluded.
Do exclusion elections have to be recorded anywhere?
Yes. Rule 1.267(3) requires that the elections be made part of the record in the action.
If a counterclaim is pending against my subclass, can I still opt out?
No. Rule 1.267(1)(c) removes the right to elect exclusion for any member whose class or subclass faces a pending counterclaim under rule 1.270.
Source & verification. Rule text and the Comment are
reproduced verbatim from the Iowa Rules of Civil Procedure, adopted by the
Iowa Supreme Court. Last verified July 15, 2026.
· Official source
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