This rule applies to an action brought by or against the members of an unincorporated association as a class by naming certain members as representative parties. The action may be maintained only if it appears that those parties will fairly and adequately protect the interests of the association and its members. In conducting the action, the court may issue any appropriate orders corresponding with those in Rule 23(d), and the procedure for settlement, voluntary dismissal, or compromise shall correspond with the procedure in Rule 23(e).
Rule 23.2.Actions relating to unincorporated associations
Current through January 1, 2025 · Last verified July 8, 2026
In one sentenceRule 23.2 lets a lawsuit by or against the members of an unincorporated association proceed as a class action, using named representatives, as long as those representatives will adequately protect the association's and members' interests, applying Rule 23's own procedures for conducting and settling the action.
Full Text of Rule 23.2
Amendment History
The current West Virginia Rules of Civil Procedure took effect January 1, 2025, as part of a rewrite that modernized the rules’ numbering and structure. West Virginia 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 January 1, 2025 update; for the underlying adopting order and any later amendments, see the West Virginia Judiciary’s compiled rules page.
Plain-English Summary
Unincorporated associations — clubs, unions, and similar groups without corporate status — can't always sue or be sued as a single entity the way a corporation can. Rule 23.2 fills that gap by letting an action proceed against (or on behalf of) the association's members as a class, using a few named members as representative parties.
The same adequacy check that governs class actions generally applies here: the action can only proceed if the named representatives will adequately protect the interests of the association and its members. From there, the court borrows Rule 23's own toolkit — the same kinds of orders for conducting the action, and the same settlement, dismissal, and compromise procedures.
Frequently Asked Questions
Why does West Virginia need a separate rule for unincorporated associations?
Because an unincorporated association — unlike a corporation — often can't sue or be sued as a single legal entity, so Rule 23.2 lets the action proceed against or on behalf of its members as a class instead.
What has to be true before an action under Rule 23.2 can proceed?
The named representative parties have to adequately protect the interests of the association and its members.
What procedures govern settling a Rule 23.2 action?
The same procedures Rule 23(e) requires for settling, dismissing, or compromising an ordinary class action.
Source & verification. The rule text is reproduced verbatim from the
official West Virginia Rules of Civil Procedure (W. Va. R. Civ. P. 23.2). Prescribed by the Supreme Court of Appeals of West Virginia (W. Va. Const. art. VIII, § 3). 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 association