---
title: "Advise a class member on requesting exclusion"
url: "https://ailawframework.com/practice/class-actions-representative-proceedings/advise-a-group-member-on-opting-out-of-a-representative-proceeding/united-states"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A7-LA20261022-14-US"
practice_area: "Class Actions / Representative Proceedings"
tier: "red"
lawyer_review: "required"
jurisdictions: ["US"]
last_reviewed: "2026-10-22"
---

# Advise a class member on requesting exclusion

> From the class notice and the orders, record the time and manner stated for requesting exclusion, and whether a request from this person is already on the file.…

Canonical page: https://ailawframework.com/practice/class-actions-representative-proceedings/advise-a-group-member-on-opting-out-of-a-representative-proceeding/united-states  
Last reviewed: 2026-10-22

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Class Actions / Representative Proceedings](https://ailawframework.com/practice/class-actions-representative-proceedings.md) |
| Human involvement | Red: Lawyer writes; AI may check, clarify or collect data |
| How AI is used | From the class notice and the orders, record the time and manner stated for requesting exclusion, and whether a request from this person is already on the file. Do not decide that the person is excluded and do not draft the request. |
| What the lawyer must review | You decide whether the person can still request exclusion, and you write the advice and any request. For a class certified under Rule 23(b)(3), the notice must state that the court will exclude from the class any member who requests exclusion, and the time and manner for requesting exclusion. It must also state the binding effect of a class judgment on members under Rule 23(c)(3). For a class certified under Rule 23(b)(1) or (b)(2), the court may direct appropriate notice. That provision does not state the same right to request exclusion. If the class was certified under Rule 23(b)(3) and a settlement is later proposed, the court may refuse to approve the settlement unless it affords a new opportunity to request exclusion to members who had an earlier opportunity and did not use it. Formal Opinion 512: advice to the client is yours. Review any generated statement of the deadline before you rely on it. |
| Written for | United States |
| Applies to | [Advise a group member on opting out of a representative proceeding](https://ailawframework.com/practice/class-actions-representative-proceedings/advise-a-group-member-on-opting-out-of-a-representative-proceeding.md) |

## Checking plan

- What the AI does: From the class notice and the orders, record the time and manner stated for requesting exclusion, and whether a request from this person is already on the file. Do not decide that the person is excluded and do not draft the request.
- Basis: Checked against the linked sources on 22 October 2026. Confirm the current instrument before reliance.

## Notes

- Exclusion by request is stated for a (b)(3) class. Do not tell a member of a (b)(1) or (b)(2) class that the same request is in the rule.
- The time and manner come from the notice the court directed, not from a fixed statutory period.
- A state class action may not allow opt-out, or may set a different time.

## Sources

- [Federal Rule of Civil Procedure 23, Class Actions](https://www.law.cornell.edu/rules/frcp/rule_23) (checked 2026-10-22)
- [ABA Formal Opinion 512, Generative Artificial Intelligence Tools (29 July 2024)](https://www.americanbar.org/content/dam/aba/administrative/professional_responsibility/ethics-opinions/aba-formal-opinion-512.pdf) (checked 2026-10-22)

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*