Rule 23.2.Actions relating to unincorporated associations
Group IV: Parties · Last amended March 1, 2019 · Last verified July 14, 2026
Full Text of Rule 23.2
Amendment History
Added eff. 9-27-71; Amended eff. 3-1-19.
Plain-English Summary
Unincorporated associations, groups like clubs or informal organizations that have not incorporated, do not always fit neatly into ordinary party rules because they can have many members and no single legal identity suing or being sued on their own behalf. Rule 23.2 solves that by letting a lawsuit proceed with certain members named as representatives standing in for the whole membership, similar to how a class action works. The one condition is that those representative members be capable of adequately protecting the interests of the association and everyone in it.
Because this kind of case functions much like a class action, the rule borrows directly from that procedure for how it is run. The court can issue the same kinds of management orders it would in a class action, covering things like notice and procedural matters, and the case cannot be dismissed or settled except through the same court-approval and notice process that governs ending or compromising a class action.
Frequently Asked Questions
What counts as an unincorporated association under this rule?
It refers to a group, such as a club, partnership-like organization, or other informal association, that has not incorporated and therefore has no separate corporate identity to sue or be sued in its own name.
How can you sue or be sued by a group that has no official legal identity?
Rule 23.2 allows the case to proceed with a few members named as representative parties standing in for the whole association and its membership, much like a class action represents an entire class.
What has to be true before a court will allow this representative approach?
The representative members named in the case must be able to adequately protect the interests of both the association and its broader membership.
Can this kind of case be settled without court involvement?
No. The rule requires the dismissal or compromise of the action to follow the same court-approval procedure used for class actions.
How is this different from a full class action under Rule 23?
This rule applies specifically when the entity involved is an unincorporated association rather than a broader class of individuals, but it borrows the management orders and the dismissal and settlement procedures that govern class actions.