Subject to the provisions of Rule 23.02, one or more members of a class may sue or be sued as representative parties on behalf of all only if (a) the class is so numerous that joinder of all members is impracticable, (b) there are questions of law or fact common to the class, (c) the claims or defenses of the representative parties are typical of the claims or defenses of the class, and (d) the representative parties will fairly and adequately protect the interests of the class.
Rule 23.01.Prerequisites to class action.
Current through June 18, 2026 · Last verified July 9, 2026
In one sentenceRule 23.01 sets four prerequisites a class must satisfy before a Kentucky lawsuit can proceed as a class action: the class must be too numerous for individual joinder to be practical, the case must present common questions of law or fact, the representatives' claims or defenses must be typical of the class, and the representatives must be able to protect the class's interests.
Full Text of Rule 23.01
Amendment History
(Amended October 18, 1977, effective January 1, 1978.)
Plain-English Summary
Before a case can go forward as a class action in Kentucky, Rule 23.01 requires the class to clear four hurdles, all subject to the further conditions in Rule 23.02. First, the class has to be so large that requiring every member to join individually would be impractical, a requirement often called numerosity. Second, the case must raise questions of law or fact that are common to the class as a whole, not just to the named representatives.
Third, the claims or defenses of the people acting as class representatives must be typical of the claims or defenses of the class they represent; someone cannot represent a class whose situation looks nothing like their own. Fourth, those representatives must be positioned to protect the interests of the whole class, without conflicts that would put the representatives' interests at odds with absent members. All four requirements must be met before the court can even consider the additional conditions in Rule 23.02 that determine what type of class action may proceed.
Frequently Asked Questions
How do I start a class action in Kentucky?
A class action can proceed only if it meets the four requirements in Rule 23.01: the class must be so numerous that joining every member individually is impractical, the case must raise questions of law or fact common to the class, the representative parties' claims or defenses must be typical of the class, and the representatives must be able to protect the class's interests. Meeting those requirements is the starting point; Rule 23.02 adds further conditions.
How many people have to be affected before a class action is allowed?
Rule 23.01 does not set a fixed number. It requires only that the class be so numerous that joining all members individually would be impractical, which courts assess based on the circumstances of each case.
What does it mean for a class representative to be adequate?
Rule 23.01 requires the representative parties to be able to protect the interests of the class they represent. That means their position and incentives need to line up with the class as a whole, without conflicts that would work against absent members.
Source & verification. The rule text is reproduced verbatim from the
official Kentucky Rules of Civil Procedure (Ky. R. Civ. P. 23.01). Prescribed by the Supreme Court of Kentucky (Ky. Const. § 116). The plain-English summary is original and written by us. Last verified July 9, 2026. ·
Official source
Also known as: how to file a class action in Kentuckyclass action lawsuit requirementsnumerosity commonality typicality adequacyclass certification KentuckyCR 23.01starting a class action