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 § 15-6-23(d), and the procedure for dismissal or compromise of the action shall correspond with that provided in § 15-6-23(e).
Rule 23.2.Actions Relating to Unincorporated Associations
Part IV: Parties · Last amended 1969 · Last verified July 16, 2026
In one sentenceRule 15-6-23.2 allows a lawsuit by or against the members of an unincorporated association as a class through named representatives, but only if those representatives will adequately protect the interests of the association and its members, and it borrows Rule 23’s procedures for court orders and for dismissal or settlement.
Full Text of Rule 15-6-23.2
Plain-English Summary
An unincorporated association is not itself a corporation, and someone suing it, or someone within it wanting to sue on its behalf, cannot always name every member individually. Rule 15-6-23.2 solves that by letting an action proceed by or against the association’s members as a class, using certain members as representative parties.
That shortcut comes with a condition: the action can go forward only if it appears the named representatives will adequately protect the interests of the association and its members. If that condition is not met, the representative structure is not available.
Rather than building its own separate procedure, Rule 15-6-23.2 borrows two pieces of Rule 15-6-23. During the case, the court may issue the same kind of management orders described in § 15-6-23(d). And the action cannot be dismissed or compromised except through the same court-approval and class-notice procedure set out in § 15-6-23(e).
Frequently Asked Questions
Can members of an unincorporated association be sued as a group instead of individually?
Yes. Rule 15-6-23.2 allows an action to be brought by or against the members of an unincorporated association as a class, using certain members as representative parties.
What must be true of the representative members named in this kind of suit?
Rule 15-6-23.2 requires that the representative parties will adequately protect the interests of the association and its members before the action can be maintained.
Does this rule set out its own procedure for court orders during the case?
No. Rule 15-6-23.2 directs the court to make orders corresponding with those described in § 15-6-23(d) rather than creating a separate set of orders.
Can this kind of action be dismissed or settled without any special procedure?
No. Rule 15-6-23.2 requires dismissal or compromise to follow the same procedure as § 15-6-23(e), which requires court approval and notice.
Does this rule cover only suits brought by an association’s members, or also suits against them?
Both. Rule 15-6-23.2 covers an action brought by or against the members of an unincorporated association as a class.
Amendment History
—SD RCP, Rule 23.2, as adopted by Sup. Ct. Order No. 2, March 31, 1969, effective July 1, 1969.
Source & verification. Rule text and History are
reproduced verbatim from the South Dakota Codified Laws, published by the
South Dakota Legislative Research Council. Last verified July 16, 2026.
· Official source
Also known as: suing members of unincorporated association south dakotarepresentative party unincorporated association sdrule 23.2 south dakotaclass action against association members