Class Certification Order
(Proposed) (Federal)

Summary

This template is a Rule 23 certification order that may be submitted as part of a motion for class certification in federal court. It includes practical guidance, drafting notes, and alternate clauses. The court's decision on class certification must be in writing (see, e.g., Besinga v. United States, 923 F.2d 133, 135 (9th Cir. 1991)), and provide certain key findings as required by Rule 23(c)(1). The court has broad discretion with respect to the certification decision, within the framework set by Rule 23. However, if the court determines that all the prerequisites of Rule 23 are met, the court should certify the action. Consult your court's local rules and the judge's individual practice rules for any requirements concerning the order. For more on class actions, see Class Action Settlement Agreement (Rule 23(b)(3)) (Federal), Class Action Fundamentals (Federal), Motion for Class Certification: Making the Motion (Federal), and Class Action Attorney's Fees Checklist (Federal).