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2014 California Rules of Court

Rule 3.764. Motion to certify or decertify a class or amend or modify an order certifying a class

(a) Purpose

Any party may file a motion to:

(1)Certify a class;

(2)Determine the existence of and certify subclasses;

(3)Amend or modify an order certifying a class; or

(4)Decertify a class.

(b) Timing of motion, hearing, extension, deferral

A motion for class certification should be filed when practicable. In its discretion, the court may establish a deadline for the filing of the motion, as part of the case conference or as part of other case management proceedings. Any such deadline must take into account discovery proceedings that may be necessary to the filing of the motion.

(c) Format and filing of motion

(1)Time for service of papers

Notice of a motion to certify or decertify a class or to amend or modify a certification order must be filed and served on all parties to the action at least 28 calendar days before the date appointed for hearing. Any opposition to the motion must be served and filed at least 14 calendar days before the noticed or continued hearing, unless the court for good cause orders otherwise. Any reply to the opposition must be served and filed at least 5 calendar days before the noticed or continued date of the hearing, unless the court for good cause orders otherwise. The provisions of Code of Civil Procedure section 1005 otherwise apply.

(2)Length of papers

An opening or responding memorandum filed in support of or in opposition to a motion for class certification must not exceed 20 pages. A reply memorandum must not exceed 15 pages. The provisions of rule 3.1113 otherwise apply.

(3)Documents in support

The documents in support of a motion for class certification consist of the notice of motion; a memorandum; evidence in support of the motion in the form of declarations of counsel, class representatives, or other appropriate declarants; and any requests for judicial notice.

(4)Documents in opposition

The documents in opposition to the motion consist of the opposing party's memorandum; the opposing party's evidence in opposition to the motion, including any declarations of counsel or other appropriate declarants; and any requests for judicial notice.

(Subd (c) amended effective January 1, 2007.)

(d) Presentation of evidence

Evidence to be considered at the hearing must be presented in accordance with rule 3.1306.

(Subd (d) amended effective January 1, 2007.)

(e) Stipulations

The parties should endeavor to resolve any uncontroverted issues by written stipulation before the hearing. If all class issues are resolved by stipulation of the named parties and approved by the court before the hearing, no hearing on class certification is necessary.

Rule 3.764 amended and renumbered effective January 1, 2007; adopted as rule 1854 effective January 1, 2002.

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