An action brought by or against the members of an unincorporated association as a class by naming certain members as representative parties may be maintained only if it appears that 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 52.08(d), and the procedure for dismissal or compromise of the action shall correspond with that provided in Rule 52.08(e). Nothing in this Rule shall be construed to affect the rights or liabilities of labor unions to sue or be sued.
Rule 52.10.Actions Relating to Unincorporated Associations.
Part I · Rule 52: Parties · Last amended December 1, 1972 · Last verified July 22, 2026
In one sentenceRule 52.10 lets an unincorporated association's members sue or be sued as a class through representative parties, following the same conduct and settlement procedures used in class actions, without disturbing any separate law governing labor unions' capacity to sue or be sued.
Full Text of Rule 52.10
Amendment History
Adopted April 21, 1972, eff. Dec. 1, 1972.
Official Comment
This is the same as Rule 23.2 of the Federal Rules of Civil Procedure with the following sentence added: “Nothing in this Rule shall be construed to affect the rights or liabilities of labor unions to sue or be sued.”
Plain-English Summary
An unincorporated association — a club, society, or similar group without corporate status — cannot easily be sued or sue as a single named entity in every context. Rule 52.10 fills that gap by letting an action be brought by or against the association's members as a class, with certain members named as representative parties, so long as it appears those representatives will adequately protect the interests of the association and its members.
Instead of building a separate procedural framework, Rule 52.10 borrows directly from the class action rule: the court may make orders in conducting the action that correspond with those described in Rule 52.08(d), and dismissal or compromise of the action follows the same procedure Rule 52.08(e) sets out for class actions generally. This keeps association litigation on the same footing as an ordinary class case in terms of court oversight and protection of absent members.
The rule closes with a limited carve-out: nothing in it affects the rights or liabilities of labor unions to sue or be sued. Whatever separate law governs a union's capacity to sue or be sued as an entity in its own right stands untouched by this rule.
Frequently Asked Questions
What type of group does Rule 52.10 cover?
It covers unincorporated associations — groups such as clubs or societies that are not incorporated — allowing an action to be brought by or against their members as a class.
Can members sue or be sued without naming every single member?
Yes. Rule 52.10 allows an action to proceed by naming certain members as representative parties for the class of members, instead of naming every individual member.
What must be shown before proceeding under this rule?
It must appear that the representative parties will adequately protect the interests of the association and its members.
Which procedures from Rule 52.08 carry over to unincorporated-association actions?
Rule 52.10 borrows the case-management orders described in Rule 52.08(d) for conducting the action, and the dismissal-or-compromise procedure described in Rule 52.08(e).
Does this rule change how labor unions can sue or be sued?
No. Rule 52.10 states expressly that nothing in it affects the rights or liabilities of labor unions to sue or be sued.
Source & verification. Rule text and amendment history are
reproduced verbatim from the Missouri State & Federal Court Rules, adopted by the
Supreme Court of Missouri. Last verified July 22, 2026. ·
Official source
Also known as: unincorporated association lawsuitassociation class actionsuing an unincorporated associationlabor union suits