Group IV: Parties and their Representatives · Last amended October 1, 2013 · Last verified July 14, 2026
In one sentenceRule 16 sets six prerequisites for suing or being sued as a class — numerosity, common questions, typicality, adequate representation, superiority, and adequate representation by counsel — and governs certification, notice, exclusion, judgment, and settlement of a class action.
(a)Prerequisites to a Class Action. One or more members of a class may sue or be sued as representative parties on behalf of all if:
(1)The class is so numerous that joinder of all members, whether otherwise required or permitted, is impracticable;
(2)There are questions of law or fact common to the class which predominate over any questions affecting only individual members;
(3)The claims or defenses of the representative parties are typical of the claims or defenses of the class;
(4)The representative parties will fairly and adequately protect the interests of the class;
(5)A class action is superior to other available methods for the fair and efficient adjudication of the controversy; and
(6)The attorney or non-attorney representative for the representative parties will adequately represent the interests of the class.
(b)Order Allowing Class Action. As soon as practicable after the commencement of an action brought as a class action, the court shall determine by order whether it is to be so maintained. An order under this section may be conditional and may be altered or amended before the decision on the merits on the court's own motion or on motion of the parties. The action may be maintained as a class action only if the court finds that the prerequisites under section (a) of this rule have been satisfied.
(c)Satisfaction of Jurisdictional Damages Limit. For purposes of satisfying the jurisdictional damages limit of the court, the claims of the members of the class shall be aggregated.
(d)Description of Class. The order permitting a class action shall describe the class. When appropriate the court may limit the class to those members who do not request exclusion from the class within the specified time after notice.
(e)Notice of Class Action. Following the court's order maintaining the class action, the court shall direct to the members of the class the best notice practicable under the circumstances, including individual notice to all members who can be identified through reasonable effort. The notice shall advise each member that
(1)the court will exclude that party from the class if that party so requests by a specified date; (2) the judgment, whether favorable or not, will include all members who do not request exclusion; (3) any member who does not request exclusion may, if that party desires, enter an Appearance through that party's counsel; and contain such other information that the court deems appropriate. Unless the court orders otherwise, the representatives of the class shall bear the expense of notification and be responsible for the giving of the notice to members of the class.
(f)Exclusion. Any member of the plaintiff class who files an election to be excluded in the manner and in the time specified in the notice, is excluded from and not bound by the judgment in the class action. A member of a defendant class may not elect to be excluded.
(g)Judgment. The judgment in an action maintained as a class action, whether or not favorable to the class, shall include and describe those whom the court finds to be members of the class.
(h)Methods of Payment of Damages. If the court renders judgment in favor of a plaintiff class, the court may, in its discretion, order the defendant to pay damages into the court and require each member of the class to file a claim with the court, or order payment of damages in any other manner it deems appropriate.
(i)Actions Conducted Partially as Class Actions. When appropriate, an action may be brought or maintained as a class action with respect to particular issues, or a class may be divided into subclasses and each subclass treated as a class. The provisions of this subdivision shall then be construed and applied accordingly.
(j)Orders in Conduct of Class Actions. In the conduct of class actions the court may make and alter appropriate orders:
(1)Determining the course of proceedings or prescribing measures to prevent undue repetition or complication in the presentation of evidence or argument;
(2)Requiring, for the protection of the members of the class, or otherwise for the fair conduct of the action, that notice be given in such manner as the court may direct to some or all of the members of any step in the action, or of the proposed extent of the judgment, or of the opportunity of members to signify whether they consider the representation fair and adequate, or to appear and present claims or defenses, or otherwise to come into the action; or
(3)Dealing with similar procedural matters.
(k)Dismissal, Discontinuance or Settlement. A class action shall not be dismissed, discontinued or settled without the approval of the court. Notice of the proposed dismissal, discontinuance or settlement shall be given to all members of the class in such manner as the court directs.
Amendment History
Adopted May 22, 2013, eff. October 1, 2013.
Plain-English Summary
Rule 16 lays out how a lawsuit can be brought or defended on behalf of a whole group of people rather than just the named parties. Before a case can proceed as a class action, the court must find that the class is too large for practical joinder, that common questions of law or fact predominate over individual ones, that the claims or defenses of the representative parties are typical of the class, that the representatives and their counsel will adequately protect the class’s interests, and that a class action is the superior way to resolve the dispute.
Once the court certifies a class, the rule addresses what follows: describing the class, aggregating class members’ claims to meet the court’s jurisdictional damages threshold, and giving the class the best notice practicable so members can decide whether to opt out. A member of a plaintiff class who requests exclusion by the deadline in the notice is not bound by the judgment; a member of a defendant class has no such right to opt out.
The rule also shapes the case after certification. The court can issue and alter orders addressing how proceedings unfold and how notice is given, and it can split a case into subclasses, each treated as its own class. A class action cannot be dismissed, discontinued, or settled without the court’s approval, and notice of a proposed dismissal, discontinuance, or settlement must go to the class in whatever manner the court directs.
Frequently Asked Questions
What are the requirements to bring a class action in New Hampshire superior court?
Rule 16(a) requires that the class be too numerous for practical joinder, that common questions of law or fact predominate over individual ones, that the representative parties’ claims or defenses be typical of the class, that the representatives and their counsel adequately protect the class’s interests, and that a class action be superior to other methods of resolving the case.
Can a member of a class opt out of a class action?
A member of a plaintiff class may file an election to be excluded by the date specified in the notice, which removes that person from the class and the judgment. A member of a defendant class may not elect to be excluded.
Does a class action settlement need court approval in New Hampshire?
Yes. Rule 16(k) states that a class action shall not be dismissed, discontinued, or settled without the court’s approval, and notice of the proposed action must be given to the class members as the court directs.
How are damages handled when a class includes many individually small claims?
Rule 16(c) allows the claims of class members to be aggregated for purposes of satisfying the court’s jurisdictional damages limit.
Can a case be handled as a class action for only some of its issues?
Yes. Rule 16(i) allows an action to be brought or maintained as a class action with respect to particular issues, or to be divided into subclasses that are each treated as a class.
Source & verification. Rule text, official Comments, and amendment
history are reproduced verbatim from the New Hampshire Superior Court Civil Rules, adopted
by the New Hampshire Supreme Court. Last verified July 14, 2026.
· Official source
Also known as:class action nh superior courthow to certify a class action nhopt out of class action nhrule 16 nh civil procedure