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 New Hampshire, class action lawsuits are governed by state statutes and the New Hampshire Rules of Civil Procedure, specifically Rule 23, which is similar to the Federal Rule of Civil Procedure 23. This rule allows one or more plaintiffs to file a lawsuit on behalf of a larger group, or 'class,' 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. The court must certify the class for the case to proceed as a class action. Once certified, class actions in New Hampshire can address a wide range of issues, including consumer fraud, corporate misconduct, and other situations where many individuals have been harmed in a similar way by the same defendant or defendants. The goal of a class action is to provide an efficient and economical means for large groups of individuals to resolve common legal issues.