Rule 1.273.Costs
Division II: Actions, Joinder of Actions and Parties · Last amended February 15, 2002 · Last verified July 15, 2026
Full Text of Rule 1.273
Plain-English Summary
Class litigation raises a fairness question about who pays if the class loses: should every absent member share in the cost, or just the people who stepped forward? Rule 1.273 answers that for a plaintiff class by limiting exposure to the representative parties and any class members who appeared individually -- the members who never appeared and rode along in the class are not personally liable for costs assessed against the class.
A defendant class works differently, because a defendant class often includes members who are harder to distinguish from one another in terms of responsibility. Rule 1.273(2) leaves it to the court to apportion the liability for costs assessed against a defendant class, rather than fixing a rule in advance. And rule 1.273(3) folds one more expense into the cost calculation: the expense of notice advanced under rule 1.266 is taxable as costs in favor of whichever party prevails, recognizing that notifying a class can be a significant expense in its own right.
Frequently Asked Questions
If a plaintiff class loses, does every class member owe costs?
No. Rule 1.273(1) limits liability for costs assessed against a plaintiff class to the representative parties and any class members who appeared individually in the action.
How are costs divided among members of a defendant class?
Rule 1.273(2) leaves that to the court, which apportions the liability for costs assessed against a defendant class rather than following a fixed formula.
Can the cost of giving notice to the class be recovered as part of the case's costs?
Yes. Rule 1.273(3) makes the expense of notice advanced under rule 1.266 taxable as costs in favor of the prevailing party.
Am I liable for costs if I was a class member but never personally appeared in the case?
Not under rule 1.273(1), which limits cost liability for a plaintiff class to representative parties and those who appeared individually -- a member who never appeared is not personally on the hook.
Does the same cost rule apply to plaintiff and defendant classes?
No. Rule 1.273 treats them differently: a plaintiff class limits liability to representative parties and those who appeared, while a defendant class has its cost liability apportioned by the court.