DESIGNATION OF PROPOSED CLASS ACTION

Caption. The complaint or other pleading asserting a class action must include the words “Proposed Class Action” in the caption. Class Allegation Section. The complaint or other pleading must contain a separate section setting forth the following: (1) (2) (3) (4) (5) (6) (7) the definition of the proposed class; the size of the proposed class; the adequacy of representation by the class representative; the common questions of law and fact; the typicality of claims or defenses of the class representative; the nature of the notice to the proposed class; and if proceeding under Fed. R. Civ. P. 23(b)(3), the facts addressing the considerations listed in sections 23-1(c)(1)(A) through (D).

Local Rules of Civil Practice - District of Utah Eff. December 2025 40 Motion for Certification. (1) In any case involving a proposed class action, as part of the conference required by Fed. R. Civ. P. 26(f), the parties must discuss and include in the Attorney Planning Meeting Report the following: (A) (B) a proposed briefing schedule for a Motion for Class Certification; any departure from the page limits of DUCivR 7-1; (C) whether discovery should be bifurcated to address the facts necessary for a determination of the sufficiency of the class; (D) whether the initial scheduling order should address only discovery relevant to the Motion for Class Certification, with a subsequent scheduling order to enter after determination of the certification motion; and (E) how the plan is consistent with the requirement in Fed. R. Civ. P. 23(c) that the certification question be decided “[a]t an early practicable time after a person sues or is sued as a class representative.” (2) Unless otherwise agreed by the parties or ordered by the court, the filing of a motion under Fed. R. Civ. P. 12(b) stays an obligation to file or respond to a Motion for Class Certification until the Rule 12(b) motion is resolved.