SPONSOR: Diehl
This bill amends Missouri Supreme Court Rule 52.08, related to class action lawsuits. The bill specifies that as early as practicable, after a person sues or is sued, the court must determine whether to certify an action as a class action and the court must make specific findings and conclusions to support its decision to certify. The certifying order must define the class and the class claims, issues, or defenses, and must appoint class counsel.
The bill modifies the current notice provisions and provides methods by which notice for any certified class or for purposes of a settlement must be provided and the information the notice must include. The bill also provides factors the court must consider, as well as factors it may consider, when appointing class counsel. The court may appoint interim counsel prior to determining whether to certify an action as a class action.
The bill allows actions to be brought or maintained with respect to particular issues or classes to be divided into subclasses, when appropriate. The bill requires the court to hold a hearing prior to approving a settlement proposal if the proposal would bind class members, and parties seeking approval of the proposal must file a statement identifying any agreement made in connection with the proposal. The bill sets procedures for determining attorneys' fees and nontaxable costs.
This bill is similar to SB 47 (2025).