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 must correspond with the procedure in Rule 23(e).
Rule 23.2.Actions relating to unincorporated associations
Group IV: Parties · Last amended March 1, 2017 · Last verified July 14, 2026
In one sentenceRule 23.2 allows a lawsuit by or against the members of an unincorporated association to proceed through representative parties, using the same court oversight as a class action.
Full Text of Rule 23.2
Amendment History
Added February 2, 2017, effective March 1, 2017.
Plain-English Summary
An unincorporated association — a club, a labor union local, an informal partnership of members — is not always its own legal entity that can sue or be sued in its own name. Rule 23.2 solves the practical problem this creates by letting the case proceed with a few named members standing in for the whole group, on either side of the dispute. The court will not allow this shortcut unless it is satisfied that the named representatives will protect the interests of the other members with the same stake in the outcome.
Once the case is underway, the court manages it much like a class action. It can issue the same kinds of orders available in a Rule 23 class case to keep the litigation fair and manageable, and any settlement, voluntary dismissal, or compromise has to follow the same approval procedure that governs class actions. That overlap exists because both rules solve the same underlying problem: binding a group of people who are not all individually before the court.
Frequently Asked Questions
What is an unincorporated association for purposes of this rule?
It is a group that acts collectively — such as a club, association, or unincorporated business — but has not formed as a corporation. Rule 23.2 lets such a group sue or be sued through representative members rather than requiring every member to be named individually.
How is this different from a shareholder derivative action under Rule 23.1?
Rule 23.1 involves a shareholder or member suing on behalf of a corporation or association to enforce a right the entity itself failed to pursue. Rule 23.2 involves the association's own members litigating as a group, with representatives standing in for everyone with a shared interest.
Can the association just appoint any member to represent it in court?
No. The court must find that the chosen representatives will adequately protect the interests of the other members before the action can proceed on that basis.
Does a Rule 23.2 case need court approval to settle?
Yes. Settlement, voluntary dismissal, or compromise must follow the same procedure required for class actions under Rule 23(e), which typically means court review before the case can be resolved.
What kind of court orders can be issued while the case is pending?
The court may issue the same range of orders available in a Rule 23 class action, which can address matters like managing the litigation, protecting absent members, and setting procedures for notice.
Source & verification. Rule text and amendment history are
reproduced verbatim from the Wyoming Rules of Civil Procedure, adopted by the
Supreme Court of Wyoming. Last verified July 14, 2026. ·
Official source
Also known as: unincorporated association lawsuitclass action for association memberssuing an unincorporated clubrepresentative parties ruleassociation member class action