Anexo normativo

• Pages: 229-251
• Author: María Carlota Ucín

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ANEXO NORMATIVO

1. REGLAS FEDERALES DE PROCEDIMIENTO CIVIL,

ESTADOS UNIDOS DE NORTEAMÉRICA

Rule 23. Class Actions

(a) Prerequisites. One or more members of a class may sue or be sued

as representative parties on behalf of all members only if:

(1) the class is so numerous that joinder of all members is impracticable;

(2) there are questions of law or fact common to the clas;

(3) the claims or defenses of the representative parties are typical of the

claims or defenses of the class; and

(4) the representative parties will fairly and adequately protect the in-

terests of the class.

(b) Types of Class Actions. A class action may be maintained if

Rule 23(a) is satisfied and if:

(1) prosecuting separate actions by or against individual class members

would create a risk of:

(A) inconsistent or varying adjudications with respect to individual

class members that would establish incompatible standards of conduct for

the party opposing the class; or

(B) adjudications with respect to individual class members that, as a

practical matter, would be dispositive of the interests of the other members

not parties to the individual adjudications or would substantially impair or

impede their ability to protect their interests;

(2) the party opposing the class has acted or refused to act on grounds

that apply generally to the class, so that final injunctive relief or correspond-

ing declaratory relief is appropriate respecting the class as a whole; or

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(3) the court finds that the questions of law or fact common to class mem-

bers predominate over any questions affecting only individual members, and

that a class action is superior to other available methods for fairly and efficiently

adjudicating the controversy. The matters pertinent to these findings include:

(A) the class members’ interests in individually controlling the prosecu-

tion or defense of separate actions;

(B) the extent and nature of any litigation concerning the controversy

already begun by or against class members;

(C) the desirability or undesirability of concentrating the litigation of

the claims in the particular forum; and

(D) the likely difficulties in managing a class action.

(c) Certification Order; Notice to Class Members; Judgment; Issues

Classes; Subclasses.

(1) Certification Order.

(A) Time to Issue. At an early practicable time after a person sues or is

sued as a class representative, the court must determine by order whether to

certify the action as a class action.

(B) Defining the Class; Appointing Class Counsel. An order that certifies

a class action must define the class and the class claims, issues, or defenses,

and must appoint class counsel under Rule 23(g).

(C) Altering or Amending the Order. An order that grants or denies class

certification may be altered or amended before final judgment.

(2) Notice.

(A) For (b)(1) or (b)(2) Classes. For any class certified under Rule 23(b)

(1) or (b)(2), the court may direct appropriate notice to the class.

(B) For (b)(3) Classes. For any class certified under Rule 23(b)(3), the

court must direct to class members the best notice that is practicable under

the circumstances, including individual notice to all members who can be

identified through reasonable effort. The notice must clearly and concisely

state in plain, easily understood language:

(i) the nature of the action;

(ii) the definition of the class certified;

(iii) the class claims, issues, or defenses;

(iv) that a class member may enter an appearance through an attorney

if the member so desires;

(v) that the court will exclude from the class any member who requests

exclusion;

(vi) the time and manner for requesting exclusion; and

(vii) the binding effect of a class judgment on members under Rule 23(c)(3).

(3) Judgment. Whether or not favorable to the class, the judgment in a

class action must: