In addition to an action brought by or against an unincorporated association under Rule 17 (E), an action may be brought against the members of an unincorporated association as a class by naming certain members as representative parties if it appears that the members bringing suit or served with process or the representative parties will fairly and adequately protect the interests of the association and its members. In the conduct of the action the court may make appropriate orders corresponding with those described in Rule 23(D), and the procedure for dismissal or compromise of the action shall correspond with that provided in Rule 23(E).
Rule 23.2.Actions relating to unincorporated associations
Current through July 1, 2026 · Last verified July 13, 2026
In one sentenceRule 23.2 lets someone sue the members of an unincorporated association as a class, through named representatives, instead of naming every member, as long as those representatives can protect the group's interests, and it follows the same procedures as an ordinary class action.
Full Text of Rule 23.2
Amendment History
This rule’s current text took effect January 1, 1970. For the full history of earlier amendments and adoption orders, see the Indiana Office of Court Services.
Plain-English Summary
Unincorporated associations — clubs, unions, and similar groups that haven't formally incorporated — create a practical problem when someone wants to sue their members. Rule 17(E) already allows suing or being sued in the association's own name, but that doesn't always solve the problem, particularly when a claim runs against the individual members rather than against the entity as a whole. Rule 23.2 supplies the fix: an action can be brought against the association's members as a class, using a handful of representative members instead of naming every individual member as a defendant. That approach only works if the members who brought or were served with the suit, or the representative parties standing in for everyone, are positioned to protect the interests of both the association and its broader membership.
Once a case proceeds this way, it runs under the same management tools that apply to any other class action: the court can issue the kinds of orders described in Rule 23 to control how the case unfolds and protect the interests of members who aren't directly involved in litigating it, and any dismissal or settlement has to follow the same approval and notice procedure Rule 23 requires for ordinary class actions.
Frequently Asked Questions
Can I sue an unincorporated association without naming every single member?
Yes. You can sue the association in its own name under Rule 17(E), or, when a claim runs against the members rather than the entity, sue the members as a class through a handful of representative parties under Rule 23.2.
What's the difference between suing under Rule 17(E) and suing under Rule 23.2?
Rule 17(E) lets you sue or be sued in the association's own name. Rule 23.2 instead lets you sue the association's members as a class, represented by a few named members, which matters when the claim is against the individual members rather than the association itself.
Who can serve as a representative party for an association's members?
Members who brought the suit, were served with process, or were named as representative parties, as long as it appears they'll protect the interests of the association and its members as a whole.
Does Rule 23.2 follow the same procedures as an ordinary class action?
Can a case brought under Rule 23.2 be settled without court approval?
No. Like other class actions, it can't be dismissed or compromised without the court's approval and notice to the class.
Source & verification. The rule text is reproduced verbatim from the
official Indiana Rules of Trial Procedure (T.R. 23.2). Prescribed by the Supreme Court of Indiana, under its inherent constitutional rulemaking power (reaffirmed by Ind. Code 34-8-1-1 and 34-8-2-1); originally enacted by the Indiana General Assembly in 1969. The plain-English summary is original and written by us. Last verified July 13, 2026. ·
Official source
Also known as: suing an unincorporated association indianatrial rule 23.2 indianaclass action against association members indianasuing a club or union indianarepresentative members unincorporated association lawsuit