Discovery by or against class members

1.269(1) Discovery may be used only on order of the court against a member of the class who is not a representative party or who has not appeared. In deciding whether discovery should be allowed the court shall consider, among other relevant factors, the timing of the request, the subject matter to be covered, whether representatives of the class are seeking discovery on the subject to be covered, and whether the discovery will result in annoyance, oppression, or undue burden or expense for the member of the class. 1.269(2) Discovery by or against representative parties or those appearing is governed by the rules dealing with discovery by or against a party to a civil action. [Report 1980; November 9, 2001, effective February 15, 2002]