Rule 1709.Criteria for Certification. Determination of Fair and Adequate Representation.
Adopted June 30, 1977 · Not amended since adoption · Last verified June 30, 2026
In one sentenceRule 1709 lists the factors a court considers in deciding whether the representative parties and their attorney will adequately represent the class.
Full Text of Rule 1709
In determining whether the representative parties will fairly and adequately assert and protect the interests of the class, the court shall consider among other matters
(1) whether the attorney for the representative parties will adequately represent the interests of the class,
(2) whether the representative parties have a conflict of interest in the maintenance of the class action, and
(3) whether the representative parties have or can acquire adequate financial resources to assure that the interests of the class will not be harmed.
End
Plain-English Summary
The other half of certification asks whether the class is in good hands. This rule has the court consider whether the representative parties' attorney is competent to conduct the litigation, whether the representatives have interests that conflict with the class, and their ability to finance the case — the factors that show the absent class members will be adequately represented.
Frequently Asked Questions
What makes representation of a class adequate?
A competent attorney, representatives without conflicting interests, and the ability to finance the litigation, among the factors in Rule 1709.
Amendment History
The provisions of this Rule 1709 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: adequate representation classclass representative criteriaconflict of interest class