Rule 1.268.Conduct of action
Division II: Actions, Joinder of Actions and Parties · Last amended February 15, 2002 · Last verified July 15, 2026
Full Text of Rule 1.268
Plain-English Summary
Once a class action is certified, someone has to keep the case manageable, and rule 1.268 puts that job in the court's hands. On its own motion or a party's, the court can shape how the litigation proceeds -- controlling the order of proceedings, preventing undue repetition in evidence or argument, and requiring notice to protect class members about any step in the case, the scope the judgment might reach, or their opportunity to weigh in on whether the representation is adequate, appear, or otherwise participate.
The rule also gives the court tools aimed squarely at protecting the class's interests in how the litigation is run. It can impose conditions on the representative parties or on anyone who intervenes, invite the attorney general to participate on the question of whether the class representation is adequate, and make any order needed to keep the case proceeding with adequate representation, both by the named parties and by the attorney handling it. Rule 1.268(2) preserves an individual voice within the group: a class member who is not a representative party can appear and be represented by their own separate counsel, without waiting on the lawyer running the class case.
Frequently Asked Questions
Can the court control how a certified class action proceeds?
Yes. Rule 1.268(1) lets the court, on a party's motion or its own, make or amend orders governing the course of proceedings, including preventing undue repetition in evidence or argument.
Can the attorney general get involved in a class action to check on adequate representation?
Yes. Rule 1.268(1)(d) lets the court invite the attorney general to participate specifically on the question of whether the class representation is adequate.
Can an individual class member hire their own lawyer instead of relying on class counsel?
Yes. Rule 1.268(2) lets any class member who is not a representative party appear and be represented by separate counsel.
Can the court impose conditions on the people bringing the class action?
Yes. Rule 1.268(1)(c) lets the court impose conditions on the representative parties or on any intervenors in the action.
Does the court have to notify the class about developments in the case as it proceeds?
The court can require notice to be given, for the protection of class members or otherwise for the fair conduct of the action, covering steps in the case, the proposed reach of the judgment, and members' opportunity to participate, under rule 1.268(1)(b).