This rule applies to an action brought by or against the members of an unincorporated association as a class by naming certain members as representative parties. The action may be maintained only if it appears that those parties will fairly and adequately protect the interests of the association and its members. In conducting the action, the court may issue any appropriate orders corresponding with those in Rule 77(d), and the procedure for settlement, voluntary dismissal, or compromise must correspond with the procedure in Rule 77(e).
Rule 79.Action relating to unincorporated associations
Title X: Special Proceedings · Last amended July 1, 2016 · Last verified July 14, 2026
In one sentenceRule 79 allows a lawsuit by or against an unincorporated association to proceed through representative members acting as class-type parties, using the same court oversight and settlement rules that Rule 77 applies to class actions.
Full Text of Rule 79
Amendment History
(Adopted March 1, 2016, effective July 1, 2016.)
Plain-English Summary
An unincorporated association — a club, society, or similar group without corporate status — often cannot sue or be sued as a single entity the way a corporation can. Rule 79 solves that problem by letting the case proceed with certain members named as representative parties standing in for the whole membership, on either side of the case. It works much like a class action: instead of every member appearing individually, a smaller group represents everyone's interests.
The catch is that those representatives must adequately protect the interests of the association and its members; a court will not let the case go forward on a representative basis if that protection is missing. Once the case is underway, the court has the same authority to manage it that Rule 77(d) gives in class actions, and any settlement, voluntary dismissal, or compromise has to follow the same procedure Rule 77(e) requires — meaning court approval and notice, not a private resolution among the named representatives alone.
Frequently Asked Questions
What counts as an unincorporated association?
A group of people organized for a common purpose that has not incorporated — for example, an unincorporated club, society, or similar voluntary organization. It lacks the separate legal identity a corporation has.
Why would a case be brought against representative members instead of the association itself?
Because an unincorporated association often cannot be sued or sue as a single legal entity, Rule 79 lets the litigation proceed against or on behalf of specific members chosen to represent the whole group.
How does a court decide whether the representative members are adequate?
The rule requires that the named parties will adequately protect the interests of the association and its members. If the court doubts that, it will not allow the case to proceed on a representative basis.
Does Rule 79 create its own separate procedure from a class action?
Can a case brought under Rule 79 be settled without court involvement?
No. Because it follows Rule 77(e), any settlement, voluntary dismissal, or compromise requires the same court approval and notice procedure that applies in a class action.
Source & verification. Rule text
are reproduced verbatim from the Idaho Rules of Civil Procedure, adopted by the
Supreme Court of Idaho. Last verified July 14, 2026. ·
Official source
Also known as: suing an unincorporated association idahorepresentative party lawsuit ruleclass action against a club or unionassociation members lawsuit idahorule 79 idaho civil procedureunincorporated association as a class