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 23(d), and the procedure for dismissal or compromise of the action shall correspond with that provided in Rule 23(e).
Rule 23.2.Derivative Action-Unincorporated Associations.
Current through February 2024 · Last verified July 8, 2026
In one sentenceRule 23.2 allows a lawsuit by or against an unincorporated association to proceed with a few of its members standing in for the whole group, as long as those members can adequately represent everyone's interests.
Full Text of Rule 23.2
Amendment History
Rhode Island does not publish a per-rule amendment history inside the compiled rules text reproduced here. The text above is verified current through the source’s own February 2024 printing; for the underlying adopting orders and any later amendments, see the Rhode Island Judiciary’s compiled rules page.
Plain-English Summary
Rule 23.2 addresses lawsuits by or against an unincorporated association — a group without corporate status, such as a club or unincorporated business association — where the case is brought as a class action naming certain members as representatives for the whole group. The suit can proceed on that basis only if the named representatives can adequately protect the interests of the association and its members.
Rather than restate its own procedures, the rule borrows them from Rule 23. The court manages the case using the same kind of orders available under Rule 23(d), and any dismissal or settlement follows the same court-approval and notice process set out in Rule 23(e).
Frequently Asked Questions
Can you sue an unincorporated association without naming every member?
Yes. Rule 23.2 lets a suit proceed by or against certain members named as representatives for the whole association, as long as those representatives can adequately protect the interests of the association and its members.
How does the court manage a case brought under Rule 23.2?
It uses the same kind of case-management orders available in a class action under Rule 23(d), covering things like how proceedings unfold and what notice members receive.
What happens if the parties want to settle?
The dismissal or settlement has to follow the same procedure as Rule 23(e): court approval is required, and notice of the proposed dismissal or compromise must go out in the manner the court directs.
Source & verification. The rule text is reproduced verbatim from the
official Rhode Island Superior Court Rules of Civil Procedure (R.I. Super. Ct. R. Civ. P. 23.2). Prescribed by the Supreme Court of Rhode Island (R.I. Gen. Laws § 8-6-2). The plain-English summary is original and written by us. Last verified July 8, 2026. ·
Official source
Also known as: unincorporated association lawsuitsuing an unincorporated associationassociation derivative actionclub or association lawsuitrepresentative parties for an unincorporated groupsuing members of an association as a class