(a) Party to provide notice
If the class is certified, the court may require either party to notify the class of the action in the manner specified by the court.
(b) Statement regarding class notice
The class proponent must submit a statement regarding class notice and a proposed notice to class members. The statement must include the following items:
(1) Whether notice is necessary;
(2) Whether class members may exclude themselves from the action;
(3) The time and manner in which notice should be given;
(4) A proposal for which parties should bear the costs of notice; and,
(5) If cost shifting or sharing is proposed under subdivision (4), an estimate of the cost involved in giving notice.
(c) Order
Upon certification of a class, or as soon thereafter as practicable, the court must make an order determining:
(1) Whether notice to class members is necessary;
(2) Whether class members may exclude themselves from the action;
(3) The time and manner of notice;
(4) The content of the notice; and
(5) The parties responsible for the cost of notice.
(d) Content of class notice
The content of the class notice is subject to court approval. If class members are to be given the right to request exclusion from the class, the notice must include the following:
(1) A brief explanation of the case, including the basic contentions or denials of the parties;
(2) A statement that the court will exclude the member from the class if the member so requests by a specified date;
(3) A procedure for the member to follow in requesting exclusion from the class;
(4) A statement that the judgment, whether favorable or not, will bind all members who do not request exclusion; and
(5) A statement that any member who does not request exclusion may, if the member so desires, enter an appearance through counsel.
(e) Manner of giving notice
In determining the manner of the notice, the court must consider:
(1) The interests of the class;
(2) The type of relief requested;
(3) The stake of the individual class members;
(4) The cost of notifying class members;
(5) The resources of the parties;
(6) The possible prejudice to class members who do not receive notice; and
(7) The res judicata effect on class members.
(f) Court may order means of notice
If personal notification is unreasonably expensive or the stake of individual class members is insubstantial, or if it appears that all members of the class cannot be notified personally, the court may order a means of notice reasonably calculated to apprise the class members of the pendency of the action-for example, publication in a newspaper or magazine; broadcasting on television, radio, or the Internet; or posting or distribution through a trade or professional association, union, or public interest group.
(Subd (f) lettered effective January 1, 2007; adopted as part of subd (e) effective January 1, 2002.)
Rule 3.766 amended and renumbered effective January 1, 2007; adopted as rule 1856 effective January 1, 2002.