Rule 1708.Criteria for Certification. Determination of Class Action as Fair and Efficient Method of Adjudication.
Adopted June 30, 1977 · Not amended since adoption · Last verified June 30, 2026
In one sentenceRule 1708 lists the factors a court weighs in deciding whether a class action is a fair and efficient method of resolving the controversy, with separate considerations where monetary recovery is sought.
Full Text of Rule 1708
In determining whether a class action is a fair and efficient method of adjudicating the controversy, the court shall consider among other matters the criteria set forth in subdivisions (a), (b) and (c).
(a) Where monetary recovery alone is sought, the court shall consider
(1) whether common questions of law or fact predominate over any question affecting only individual members;
(2) the size of the class and the difficulties likely to be encountered in the management of the action as a class action;
(3) whether 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 confront the party opposing the class with incompatible standards of conduct;
(ii) adjudications with respect to individual members of the class which would as a practical matter be dispositive of the interests of other members not parties to the adjudications or substantially impair or impede their ability to protect their interests;
(4) the extent and nature of any litigation already commenced by or against members of the class involving any of the same issues;
(5) whether the particular forum is appropriate for the litigation of the claims of the entire class;
(6) whether in view of the complexities of the issues or the expenses of litigation the separate claims of individual class members are insufficient in amount to support separate actions;
(7) whether it is likely that the amount which may be recovered by individual class members will be so small in relation to the expense and effort of administering the action as not to justify a class action.
(b) Where equitable or declaratory relief alone is sought, the court shall consider
(1) the criteria set forth in subsections (1) through (5) of subdivision (a), and
(2) whether the party opposing the class has acted or refused to act on grounds generally applicable to the class, thereby making final equitable or declaratory relief appropriate with respect to the class.
(c) Where both monetary and other relief is sought, the court shall consider all the criteria in both subdivisions (a) and (b).
End
Plain-English Summary
One half of certification asks whether a class action is the right vehicle. This rule directs the court to weigh a list of factors — among them whether common questions predominate, the size of individual claims, the manageability of the case, and other litigation already under way over the same issues — in deciding whether a class action is a fair and efficient way to adjudicate the dispute, with added considerations where the class seeks money damages.
Frequently Asked Questions
How does a court decide if a class action is appropriate?
By weighing the factors in Rule 1708 on whether a class action is a fair and efficient method of adjudicating the controversy.
Amendment History
The provisions of this Rule 1708 adopted June 30, 1977, effective September 1, 1977, 7 Pa.B. 1956.
Source & verification. Rule text, the Official Note, and the amendment
history are reproduced verbatim from the Pennsylvania Code, Title 231, the official compilation
of rules adopted by the Supreme Court of Pennsylvania. This rule has not been amended since its adoption. Last verified June 30, 2026. ·
Official text
Also known as: fair and efficient methodclass certification criteriapredominance manageability