60-223. Class actions.
60-223
60-223. Class actions.(a) Prerequisites to a class action. One or more members of a classmay sue or be sued as representative parties on behalf of all only if (1) theclass is so numerous that joinder of all members is impracticable, (2) thereare questions of law or fact common to the class, (3) the claims or defenses ofthe representative parties are typical of the claims or defenses of the class,and (4) the representative parties will fairly and adequately protect theinterests of the class.
(b) Class actions maintainable. An action may be maintainedas a class action if the prerequisites of subdivision (a) are satisfied,and in addition:
(1) The prosecution of separate actions by or against individual members ofthe class would create a risk of (A) inconsistent or varying adjudications withrespect to individual members of the class which would establish incompatiblestandards of conduct for the party opposing the class, or (B) adjudicationswith respect to individual members of the class which would as a practicalmatter be dispositive of the interests of the other members not parties to theadjudications or substantially impair or impede their ability to protect theirinterests; or
(2) the party opposing the class has acted or refused to act on groundsgenerally applicable to the class, thereby making appropriate final injunctiverelief or corresponding declaratory relief with respect to the class as awhole; or
(3) the court finds that the questions of law or fact common to the membersof the class predominate over any questions affecting only individual members,and that a class action is superior to other available methods for the fair andefficient adjudication of the controversy. The matters pertinent to thefindings include: (A) The interest of members of the class in individuallycontrolling the prosecution or defense of separate actions; (B) the extent andnature of any litigation concerning the controversy already commenced by oragainst members of the class; (C) the desirability or undesirability ofconcentrating the litigation of the claims in the particular forum; (D) thedifficulties likely to be encountered in the management of a class action.
(c) Determination by order whether class action to be maintained;notice; judgment; actions conducted partially as class actions. (1) Assoon as practicable after the commencement of an action brought as a classaction, the court shall determine by order whether it is to be so maintained.An order under this subdivision may be conditional, and may be altered oramended before the decision on the merits.
(2) In any class action maintained under subsection (b)(3), the court shalldirect to the members of the class the best notice practicable under thecircumstances, including individual notice to all members who can be identifiedthrough reasonable effort. The notice shall advise each member that: (A) Thecourt will exclude the member from the class if the member so requests by aspecified date; (B) the judgment, whether favorable or not, will include allmembers who do not request exclusion; and (C) any member who does not requestexclusion, if the member desires, may enter an appearance through counsel.
(3) The judgment in an action maintained as a class action under subsection(b)(1) or (b)(2), whether or not favorable to the class, shall include anddescribe those whom the court finds to be members of the class. The judgment inan action maintained as a class action under subsection (b)(3), whether or notfavorable to the class, shall include and specify or describe those to whom thenotice provided in subsection (c)(2) was directed, and who have not requestedexclusion, and whom the court finds to be members of the class.
(4) When appropriate (A) an action may be brought or maintained as a classaction with respect to particular issues, or (B) a class may be divided intosubclasses and each subclass treated as a class, and the provisions of thissection shall then be construed and applied accordingly.
(d) Orders in conduct of actions. In the conduct of actions towhich this section applies, the court may make appropriate orders: (1)Determining the course of proceedings or prescribing measures to prevent unduerepetition or complication in the presentation of evidence or argument; (2)requiring, for the protection of the members of the class or otherwise for thefair conduct of the action, that notice be given in such manner as the courtmay direct to some or all of the members of any step in the action, or of theproposed extent of the judgment, or of the opportunity of members to signifywhether they consider the representation fair and adequate, to intervene andpresent claims or defenses, or otherwise to come into the action; (3) imposingconditions on the representative parties or on intervenors; (4) requiring thatthe pleadings be amended to eliminate therefrom allegations as torepresentation of absent persons, and that the action proceed accordingly; (5)dealing with similar procedural matters. The orders may be combined with anorder under K.S.A. 60-216 and amendments thereto, and may be altered or amendedas may be desirable from time to time.
(e) Dismissal or compromise. A class action shall not be dismissedor compromised without the approval of the court, and notice of the proposeddismissal or compromise shall be given to all members of the class in suchmanner as the court directs.
(f) Appeals. The court of appeals may in its discretion permitan appeal from an order of a district court granting or denying class actioncertification under this section if application is made to the court within 10days after entry of the order. An appeal does not stay proceedings in thedistrict court unless the district judge or the court of appeals so orders.
History: L. 1963, ch. 303, 60-223;amended by Supreme Court order dated July 17, 1969;L. 1980, ch. 171, § 1;L. 1997, ch. 173, § 10;L. 2004, ch. 21, § 1; July 1.