A class action is a type of lawsuit in which one or a few plaintiffs seek to represent hundreds or thousands of plaintiffs with the same or similar claims against the same defendants. Rules of procedure in state and federal courts permit class actions in limited circumstances for the purpose of resolving similar disputes more efficiently than if each plaintiff filed a separate lawsuit.
In Colorado, class action lawsuits are governed by Colorado Rules of Civil Procedure Rule 23, which is similar to Federal Rule of Civil Procedure 23. These rules allow one or more plaintiffs to represent a larger group, or 'class', in cases where the class members have common legal or factual issues. To proceed as a class action, the case must meet certain criteria: numerosity (enough individuals to make individual suits impractical), commonality (questions of law or fact common to the class), typicality (claims or defenses of the representative parties are typical of the class), and adequacy (the representatives will fairly and adequately protect the interests of the class). If these criteria are met, the court may certify the class and allow the case to proceed as a class action. This process is designed to increase the efficiency of the legal process by resolving many similar claims in a single lawsuit, which can save time and resources for both the courts and the parties involved.