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Civil litigation

class actions

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 Montana, class action lawsuits are governed by the Montana Rules of Civil Procedure, specifically Rule 23, which is similar to Rule 23 of the Federal Rules of Civil Procedure. This rule allows one or more plaintiffs to represent a larger group, or 'class', of individuals in a lawsuit if the class is so numerous that individual lawsuits would be impractical, there are questions of law or fact common to the class, the claims or defenses of the representative parties are typical of the claims or defenses of the class, and the representative parties will fairly and adequately protect the interests of the class. Class actions in Montana are used to increase the efficiency of the legal process by resolving similar claims in a single proceeding, thereby conserving judicial resources and providing a uniform resolution to all class members. They are commonly used in cases involving consumer fraud, corporate misconduct, securities fraud, and mass torts. Before a class action can proceed, the court must certify the class, which involves a rigorous analysis of the aforementioned criteria.

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Civil litigation

class actions

As a LegalFix Member You Will Be an Important Client of Local Law Firms

Articles

Montana State Code

Montana State Code

Civil litigation

class actions

Articles