(1) At an early practicable time after a person sues or is sued as a class representative, the court must determine by order whether to certify the action as a class action.
Rule 23.03.Determination by order whether class action to be maintained -- Notice -- Judgment -- Actions conducted partially as class actions.
Current through June 18, 2026 · Last verified July 9, 2026
In one sentenceCR 23.03 requires a court to decide early whether to certify a class, spells out what a certification order must contain, and sets how notice and the eventual judgment differ depending on which CR 23.02 category applies, while allowing issue classes and subclasses.
Full Text of Rule 23.03
(3) An order that grants or denies class certification may be altered or amended before final judgment.
(4) If an appeal is taken from the Certification Order, as authorized by CR 23.06, notice shall not be given until a final non-appealable order has decided the issue. If no appeal is taken the court, after 11 days from the entry of its Certification Order, shall give notice as follows:
(a) For any class certified under CR 23.02 (a) or 23.02 (b), the court may direct appropriate notice to the class.
(b) For any class certified under CR 23.02 (c), the court must direct to class members the best notice that is practicable under the circumstances, including individual notice to all members who can be identified through reasonable effort. The notice must clearly and concisely state in plain, easily understood language:
(i) the nature of the action;
(ii) the definition of the class certified;
(iii) the class claims, issues, or defenses;
(iv) that a class member may enter an appearance through an attorney if the member so desires;
(v) that the court will exclude from the class any member who requests exclusion by a specified date;
(vi) the time and manner for requesting exclusion; and
(vii) the binding effect of a class judgment, whether favorable or not, on members under CR 23.03.
(5) Whether or not favorable to the class, the judgment in a class action must:
(a) for any class certified under CR 23.02 (a) or (b) include and describe those whom the court finds to be class members; and
(6) When appropriate, an action may be brought or maintained as a class action with respect to particular issues.
conducted partially as class actions.
(7) When appropriate, a class may be divided into subclasses that are each treated as a class under this rule.
Amendment History
(Amended October 18, 1977, effective January 1, 1978; amended November 21, 1977, effective January 1, 1978; amended November 3, 2010, effective January 1, 2011.)
Plain-English Summary
Rule 23.03 sets the timetable and content for a certification decision. The court must decide, at an early practicable point in the case, whether to certify the action as a class action, and the resulting order has to define the class and spell out the claims, issues, or defenses the class action covers. That order also appoints class counsel under CR 23.07. Nothing about certification is permanent -- the court can alter or amend the order any time before final judgment, and if a party appeals the certification decision under CR 23.06, notice to the class waits until that appeal is over.
Once the certification order is final, the type of notice that goes out to class members depends on which CR 23.02 ground supported certification. For classes certified because of a risk of inconsistent rulings (23.02(a)) or because class-wide injunctive relief is appropriate (23.02(b)), the court has discretion over whether and how to notify the class. For classes certified under the predominance-and-superiority ground (23.02(c)) -- the most common type -- the rule requires the best notice practicable, including individual notice to every class member who can be found with reasonable effort. That notice has to explain, in plain language, what the case is about, who is in the class, what claims or defenses are at issue, the right to appear through an attorney, the deadline and method for opting out, and the fact that the judgment will bind class members either way.
The eventual judgment tracks that same distinction: for 23.02(a) and (b) classes, it must identify who the court finds to be class members, while for 23.02(c) classes it must specify who received notice, who did not opt out, and who the court finds to be a member. The rule also lets a court certify a class action for particular issues rather than the whole case, and lets it split a class into subclasses that each get treated as a class in their own right.
Frequently Asked Questions
How soon does a court have to decide whether to certify a class action in Kentucky?
CR 23.03 requires the court to decide whether to certify the class action at an early practicable time after someone sues or is sued as a class representative.
Do all class members get individual notice of a class action?
Only in some cases. For classes certified under CR 23.02(c) -- where common questions predominate -- the court must give the best notice practicable, including individual notice to class members who can be identified through reasonable effort. For classes certified under 23.02(a) or (b), the court has discretion over whether and how to notify the class.
What happens if I don't opt out of a class action after getting notice?
The notice required under CR 23.03 must state the deadline and method for requesting exclusion from the class. A class member who does not request exclusion by that date is bound by the judgment, favorable or not.
Source & verification. The rule text is reproduced verbatim from the
official Kentucky Rules of Civil Procedure (Ky. R. Civ. P. 23.03). 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: class action certification orderclass action notice requirementsopt out of class action kentuckywhen must a class be certifiedsubclasses in class actionissue class certificationCR 23.03