{"data":{"id":"us-ok/okla.-stat.-tit.-12-12-2023","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 12, § 12-2023","heading":"Class actions","body":"CLASS ACTIONS\n\nA. PREREQUISITES TO A CLASS ACTION. One or more members of a\n\nclass may sue or be sued as representative parties on behalf of all\n\nonly if:\n\n1. The class is so numerous that joinder of all members is\n\nimpracticable;\n\n2. There are questions of law or fact common to the class;\n\n3. The claims or defenses of the representative parties are\n\ntypical of the claims or defenses of the class; and\n\n4. The representative parties will fairly and adequately\n\nprotect the interests of the class.\n\nB. CLASS ACTIONS MAINTAINABLE. An action may be maintained as\n\na class action if the prerequisites of subsection A of this section\n\nare satisfied, if the petition in the class action contains factual\n\nallegations sufficient to demonstrate a plausible claim for relief\n\nand:\n\n1. The prosecution of separate actions by or against individual\n\nmembers of the class would create a risk of:\n\na. inconsistent or varying adjudications with respect to\n\nindividual members of the class which would establish\n\nincompatible standards of conduct for the party\n\nopposing the class, or\n\nb. adjudications with respect to individual members of\n\nthe class which would as a practical matter be\n\ndispositive of the interests of the other members not\n\nparties to the adjudications or substantially impair\n\nor impede their ability to protect their interests; or\n\n2. The party opposing the class has acted or refused to act on\n\ngrounds generally applicable to the class, thereby making\n\nappropriate final injunctive relief or corresponding declaratory\n\nrelief with respect to the class as a whole; or\n\n3. The court finds that the questions of law or fact common to\n\nthe members of the class predominate over any questions affecting\n\nonly individual members, and that a class action is superior to\n\nother available methods for the fair and efficient adjudication of\n\nthe controversy. The matters pertinent to the findings include:\n\na. the interest of members of the class in individually\n\ncontrolling the prosecution or defense of separate\n\nactions,\n\nb. the extent and nature of any litigation concerning the\n\ncontroversy already commenced by or against members of\n\nthe class,\n\nc. the desirability or undesirability of concentrating\n\nthe litigation of the claims in the particular forum,\n\nand\n\nd. the difficulties likely to be encountered in the\n\nmanagement of a class action.\n\nC. DETERMINATION BY ORDER WHETHER CLASS ACTION TO BE\n\nMAINTAINED; NOTICE; JUDGMENT; ACTIONS CONDUCTED PARTIALLY AS CLASS\n\nACTIONS.\n\n1. As soon as practicable after the commencement of an action\n\nbrought as a class action, the court shall determine by order\n\nwhether it is to be so maintained. An order entered on or after\n\nNovember 1, 2011, that certifies a class action shall define the\n\nclass and the class claims, issues or defenses, and shall appoint\n\nclass counsel under subsection F of this section. An order under\n\nthis subsection may be conditional, and may be altered or amended\n\nbefore the decision on the merits.\n\n2. The order described in paragraph 1 of this subsection shall\n\nbe subject to a de novo standard of review by any appellate court\n\nreviewing the order. While the appeal of the order on class\n\ncertification is pending, the trial court shall retain sufficient\n\njurisdiction over the case to consider and implement a settlement of\n\nthe action should one be reached between the parties and discovery\n\nas to the class claims shall be stayed pending resolution of the\n\nappeal.\n\n3. For any class certified under paragraph 1 or 2 of subsection\n\nB of this section, the court may direct appropriate notice to the\n\nclass.\n\n4. In any class action maintained under paragraph 3 of\n\nsubsection B of this section, the court shall direct to the members\n\nof the class the best notice practicable under the circumstances,\n\nincluding individual notice to all members who can be identified\nsubsection\n\nB of this section, the court may direct appropriate notice to the\n\nclass.\n\n4. In any class action maintained under paragraph 3 of\n\nsubsection B of this section, the court shall direct to the members\n\nof the class the best notice practicable under the circumstances,\n\nincluding individual notice to all members who can be identified\n\nthrough reasonable effort. The notice shall clearly and concisely\n\nstate in plain, easily understood language:\n\na. the nature of the action,\n\nb. the definition of the class certified,\n\nc. the class claims, issues or defenses,\n\nd. that a class member may enter an appearance through an\n\nattorney if the member so desires,\n\ne. that the court will exclude the member from the class\n\nif the member so requests by a specified date,\n\nf. that the judgment, whether favorable or not, will\n\ninclude all members who do not request exclusion, and\n\ng. that any member who does not request exclusion may, if\n\nthe member desires, enter an appearance through\n\ncounsel.\n\nMembers to whom individual notice is not directed shall be given\n\nnotice in such manner as the court shall direct, which may include\n\npublishing notice in newspapers, magazines, trade journals or other\n\npublications, posting it in appropriate places, and taking other\n\nsteps that are reasonably calculated to bring the notice to the\n\nattention of such members, provided that the cost of giving such\n\nnotice shall be reasonable in view of the amounts that may be\n\nrecovered by the class members who are being notified. Members to\n\nwhom individual notice was not directed may request exclusion from\n\nthe class at any time before the issue of liability is determined,\n\nand commencing an individual action before the issue of liability is\n\ndetermined shall be the equivalent of requesting exclusion from the\n\nclass.\n\n5. The judgment in an action maintained as a class action under\n\nparagraph 1 or 2 of subsection B of this section, whether or not\n\nfavorable to the class, shall include and describe those whom the\n\ncourt finds to be members of the class. The judgment in an action\n\nmaintained as a class action under paragraph 3 of subsection B of\n\nthis section, whether or not favorable to the class, shall include\n\nand specify or describe those to whom the notice provided in\n\nparagraph 4 of this subsection was directed, and who have not\n\nrequested exclusion, and whom the court finds to be members of the\n\nclass.\n\n6. When appropriate:\n\na. an action may be brought or maintained as a class\n\naction with respect to particular issues, or\n\nb. a class may be divided into subclasses and each\n\nsubclass treated as a class.\n\nThe provisions of this section shall then be construed and applied\n\naccordingly.\n\nD. ORDERS IN CONDUCT OF ACTIONS. In the conduct of actions to\n\nwhich this section applies, the court may make appropriate orders:\n\n1. Determining the course of proceedings or prescribing\n\nmeasures to prevent undue repetition or complication in the\n\npresentation of evidence or argument;\n\n2. Requiring, for the protection of the members of the class or\n\notherwise for the fair conduct of the action, that notice be given\n\nin such manner as the court may direct to some or all of the members\n\nof any step in the action, or of the proposed extent of the\n\njudgment, or of the opportunity of members to signify whether they\n\nconsider the representation fair and adequate, to intervene and\n\npresent claims or defenses, or otherwise to come into the action;\n\n3. For actions filed after November 1, 2011, class membership\n\nshall be limited, unless otherwise agreed to by the defendant, only\n\nto individuals or entities who are:\n\na. residents of this state, or\n\nb. nonresidents of this state who:\n\n(1) own an interest in property located in this state\n\nwhere the property is relevant to the class\n\naction, or\nor defenses, or otherwise to come into the action;\n\n3. For actions filed after November 1, 2011, class membership\n\nshall be limited, unless otherwise agreed to by the defendant, only\n\nto individuals or entities who are:\n\na. residents of this state, or\n\nb. nonresidents of this state who:\n\n(1) own an interest in property located in this state\n\nwhere the property is relevant to the class\n\naction, or\n\n(2) have a significant portion of the nonresident's\n\ncause of action arising from conduct occurring\n\nwithin the state;\n\n4. Requiring, for the sole purpose of class notice upon\n\ncertification of a class, that parties to the action provide such\n\nnames and addresses of potential members of the class as they\n\npossess, subject to an appropriate protective order;\n\n5. Imposing conditions on the representative parties or on\n\nintervenors;\n\n6. Requiring that the pleadings be amended to eliminate\n\ntherefrom allegations as to representation of absent persons, and\n\nthat the action proceed accordingly; and\n\n7. Dealing with similar procedural matters.\n\nThe orders may be combined with an order under Section 2016 of this\n\ntitle and may be altered or amended as may be desirable from time to\n\ntime.\n\nE. DISMISSAL OR COMPROMISE. The claims, issues or defenses of\n\na certified class may be settled, voluntarily dismissed, or\n\ncompromised only with the court’s approval. For motions filed after\n\nNovember 1, 2011, the following procedures apply to a proposed\n\nsettlement, voluntary dismissal, or compromise:\n\n1. The court shall direct notice in a reasonable manner to all\n\nclass members who would be bound by the proposal;\n\n2. If the proposal would bind class members, the court may\n\napprove it only after a hearing and on finding that it is fair,\n\nreasonable and adequate;\n\n3. The parties seeking approval shall file a statement\n\nidentifying any agreement made in connection with the proposal;\n\n4. If the class action was previously certified under paragraph\n\n3 of subsection B of this section, the court may refuse to approve a\n\nsettlement unless it affords a new opportunity to request exclusion\n\nto individual class members who had an earlier opportunity to\n\nrequest exclusion but did not do so; and\n\n5. Any class member may object to the proposal if it requires\n\ncourt approval under this subsection.\n\nF. CLASS COUNSEL. 1. Unless a statute provides otherwise, a\n\ncourt that certifies a class shall appoint class counsel. In\n\nappointing class counsel after November 1, 2011, the court:\n\na. shall consider:\n\n(1) the work counsel has done in identifying or\n\ninvestigating potential claims in the action,\n\n(2) counsel’s experience in handling class actions,\n\nother complex litigation, and the types of claims\n\nasserted in the action,\n\n(3) counsel’s knowledge of the applicable law, and\nes a class shall appoint class counsel. In\n\nappointing class counsel after November 1, 2011, the court:\n\na. shall consider:\n\n(1) the work counsel has done in identifying or\n\ninvestigating potential claims in the action,\n\n(2) counsel’s experience in handling class actions,\n\nother complex litigation, and the types of claims\n\nasserted in the action,\n\n(3) counsel’s knowledge of the applicable law, and\n\n(4) the resources that counsel will commit to\n\nrepresenting the class,\n\nb. may consider any other matter pertinent to counsel’s\n\nability to fairly and adequately represent the\n\ninterests of the class,\n\nc. may order potential class counsel to provide\n\ninformation on any subject pertinent to the\n\nappointment and to propose terms for attorney fees or\n\nnontaxable costs,\n\nd. may include in the appointing order provisions about\n\nthe award of attorney fees or nontaxable costs, and\n\ne. may make further orders in connection with the\n\nappointment.\n\n2. When one applicant seeks appointment as class counsel, the\n\ncourt may appoint that applicant only if the applicant is adequate\n\nunder paragraphs 1 and 4 of this subsection. If more than one\n\nadequate applicant seeks appointment, the court shall appoint the\n\napplicant best able to represent the interests of the class.\n\n3. The court may designate interim counsel to act on behalf of\n\na putative class before determining whether to certify the action as\n\na class action.\n\n4. Class counsel shall fairly and adequately represent the\n\ninterests of the class.\n\nG. ATTORNEY FEES AND NONTAXABLE COSTS. 1. In a certified\n\nclass action, the court may award reasonable attorney fees and\n\nnontaxable costs that are authorized by law or by the parties’\n\nagreement.\n\n2. A claim for an award shall be made by motion, subject to the\n\nprovisions of this subsection, at a time set by the court. Notice\n\nof the motion shall be served on all parties and, for motions by\n\nclass counsel, directed to class members in a reasonable manner.\n\n3. A class member, or a party from whom payment is sought, may\n\nobject to the motion.\n\n4. In considering a motion for attorney fees filed after the\n\neffective date of this act:\n\na. the court shall conduct an evidentiary hearing to\n\ndetermine a fair and reasonable fee for class counsel,\n\nb. the court shall act in a fiduciary capacity on behalf\n\nof the class in making such determination,\n\nc. the court may appoint an attorney to represent the\n\nclass upon the request by any members of the class in\n\na hearing on the issue of the amount of attorney fees\n\nor the court may refer the matter to a referee\n\npursuant to Section 613 et seq. of this title,\n\nd. if the court appoints an attorney to represent the\n\nclass for the fee hearing pursuant to subparagraph c\n\nof this paragraph or refers the matter to a referee,\n\nthe attorney or referee shall be independent of the\n\nattorney or attorneys seeking attorney fees in the\n\nclass action, and said independent attorney or referee\n\nshall be awarded reasonable fees by the court on an\n\nhourly basis out of the proceeds awarded to the class,\n\ne. in arriving at a fair and reasonable fee for class\n\ncounsel, the court shall consider the following\n\nfactors:\n\n(1) time and labor required,\n\n(2) the novelty and difficulty of the questions\n\npresented by the litigation,\n\n(3) the skill required to perform the legal service\n\nproperly,\n\n(4) the preclusion of other employment by the\n\nattorney due to acceptance of the case,\n\n(5) the customary fee,\n\n(6) whether the fee is fixed or contingent,\n\n(7) time limitations imposed by the client or the\n\ncircumstances,\n\n(8) the amount in controversy and the results\n\nobtained,\n\n(9) the experience, reputation and ability of the\n\nattorney,\n\n(10) whether or not the case is an undesirable case,\n\n(11) the nature and length of the professional\n\nrelationship with the client,\n\n(12) awards in similar causes, and\n\nimitations imposed by the client or the\n\ncircumstances,\n\n(8) the amount in controversy and the results\n\nobtained,\n\n(9) the experience, reputation and ability of the\n\nattorney,\n\n(10) whether or not the case is an undesirable case,\n\n(11) the nature and length of the professional\n\nrelationship with the client,\n\n(12) awards in similar causes, and\n\n(13) the risk of recovery in the litigation, and\n\nf. if any portion of the benefits recovered for the class\n\nin an action maintained pursuant to paragraph 3 of\n\nsubsection B of this section are in the form of\n\ncoupons, discounts on future goods or services or\n\nother similar types of noncash common benefits, the\n\nattorney fees awarded in the class action shall be in\n\ncash and noncash amounts in the same proportion as the\n\nrecovery for the class.","path":["OK Code","Title 12"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os12.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"7d7fe51b8dc46edf8fda5098873209a1484b4d1a6fdc0b2aef4e1c3537f171c1","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-12-12-2022","next":"us-ok/okla.-stat.-tit.-12-12-2023.1"},"notice":"GroundRules: Original legal text. Not legal advice."}