An action may be maintained as a class action if the prerequisites of Rule 23.01 are satisfied, and in addition:
Rule 23.02.Class actions maintainable.
Current through June 18, 2026 · Last verified July 9, 2026
In one sentenceA lawsuit may proceed as a class action under CR 23.02 only if it meets one of three tests: conflicting-rulings risk to absent members, the opposing party's uniform conduct warranting class-wide injunctive relief, or common questions predominating so a class action is the superior method for resolving the dispute.
Full Text of Rule 23.02
(a) The prosecution of separate actions by or against individual members of the class would create a risk of
(i) inconsistent or varying adjudications with respect to individual members of the class which would establish incompatible standards of conduct for the party opposing the class, or,
(ii) adjudications with respect to individual members of the class which would as a practical matter be dispositive of the interests of the other members not parties to the adjudications or substantially impair or impede their ability to protect their interests; or
(b) the party opposing the class has acted or refused to act on grounds generally applicable to the class, thereby making appropriate final injunctive relief or corresponding declaratory relief with respect to the class as a whole; or
(c) the court finds that the questions of law or fact common to the members of the class predominate over any questions affecting only individual members, and that a class action is superior to other available methods for the fair and efficient adjudication of the controversy. The matters pertinent to the findings include: (i) the interest of members of the class in individually controlling the prosecution or defense of separate actions; (ii) the extent and nature of any litigation concerning the controversy already commenced by or against members of the class; (iii) the desirability or undesirability of concentrating the litigation of the claims in the particular forum; (iv) the difficulties likely to be encountered in the management of a class action.
Amendment History
(Amended October 18, 1977, effective January 1, 1978.)
Plain-English Summary
Rule 23.02 sets the additional bar a lawsuit must clear before a court will let it proceed as a class action, on top of the four prerequisites in CR 23.01. The rule recognizes three distinct grounds for certification. The first two apply when individual lawsuits could create real problems for the parties or absent class members: separate suits might produce inconsistent rulings that leave the defendant facing incompatible obligations, or a ruling in one member's case might as a practical matter decide the outcome for everyone else without giving them a say. The second ground covers cases where the opposing party has treated the whole class the same way, making an injunction or a declaratory judgment that covers the whole group the natural remedy.
The third ground, the one most class actions rely on, asks whether questions common to the class outweigh questions specific to individual members and whether a class action beats the alternatives for resolving the dispute. To answer that, the court looks at how much individual members want to control their own cases, whether other lawsuits over the same conduct already exist, whether it makes sense to concentrate the litigation in one court, and how hard the class action would be to manage.
Frequently Asked Questions
What are the three types of class actions recognized under Kentucky's rule?
CR 23.02 recognizes three grounds for certifying a class action: separate lawsuits that risk inconsistent rulings or that would decide the case for absent members without their input, conduct by the opposing party that applies to the whole class and calls for class-wide injunctive or declaratory relief, and common questions that outweigh individual ones where a class action is the superior way to resolve the dispute.
What does a court look at when deciding if a class action is the best way to handle a case?
Under CR 23.02(c), the court weighs how much individual class members want to control their own lawsuits, whether other litigation over the same controversy is already underway, whether concentrating the claims in one court makes sense, and how difficult the class action would be to manage.
Can a class action seek an injunction instead of money damages?
Yes. CR 23.02(b) allows certification when the party opposing the class has acted or refused to act in a way that applies to the whole class, making class-wide injunctive or declaratory relief the appropriate remedy.
Source & verification. The rule text is reproduced verbatim from the
official Kentucky Rules of Civil Procedure (Ky. R. Civ. P. 23.02). 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
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