231 Pa. Code app A R. 1702 Prerequisites to a Class Action

• Library: Pennsylvania Code (Pa. Code)
• Edition: 2023
• Currency: Current through Register Vol. 53, No. 52, December 30, 2023
• Citation: 231 Pa. Code app A R. 1702
• Year: 2023

The prerequisites of present Rule 2230 are numerosity of parties, impracticability of joining all as parties and adequate representation of the interests of all. To these prerequisites Rule 1702 adds others, namely, that there are questions of law or fact common to the class, the claims or defenses are typical and the class action provides a fair and efficient method of adjudication of the controversy.

However, the rule deliberately declines to adopt that part of Federal Rule 23 which requires that, in actions based on common questions of law and fact, a class action be "superior to other available methods for the fair and efficient adjudication of the controversy". The Federal rule lists the matters pertinent to a finding of superiority.

Rule 1702(5) provides...