---
title: "Advise where issues that are not common to the class will be decided"
url: "https://ailawframework.com/practice/class-actions-representative-proceedings/advise-where-claims-that-are-not-common-will-be-decided/united-states"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A7-LA20261022-10-US"
practice_area: "Class Actions / Representative Proceedings"
tier: "red"
lawyer_review: "required"
jurisdictions: ["US"]
last_reviewed: "2026-10-22"
---

# Advise where issues that are not common to the class will be decided

> From the certification order and any later order, list the issues the court has treated as class issues and the issues that remain.…

Canonical page: https://ailawframework.com/practice/class-actions-representative-proceedings/advise-where-claims-that-are-not-common-will-be-decided/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 certification order and any later order, list the issues the court has treated as class issues and the issues that remain. For each remaining issue, record whether it is common to the class, common only to some members, or concerns only one member. Do not choose the procedure. |
| What the lawyer must review | You decide the procedure and you write the advice and any proposed order. When appropriate, an action may be brought or maintained as a class action with respect to particular issues. When appropriate, a class may be divided into subclasses that are each treated as a class. At a pretrial conference the court may order a separate trial under Rule 42(b) of a claim, counterclaim, crossclaim, third-party claim, or particular issue. The federal rules do not provide a separate statutory path, of the kind used in a Part IVA proceeding, for sending an individual claim out to its own proceeding. Formal Opinion 512 requires you to review generated analysis before you rely on it in advice or in a filing. A filing is also a Rule 11 certification. |
| Written for | United States |
| Applies to | [Advise where claims that are not common will be decided](https://ailawframework.com/practice/class-actions-representative-proceedings/advise-where-claims-that-are-not-common-will-be-decided.md) |

## Checking plan

- What the AI does: From the certification order and any later order, list the issues the court has treated as class issues and the issues that remain. For each remaining issue, record whether it is common to the class, common only to some members, or concerns only one member. Do not choose the procedure.
- Basis: Checked against the linked sources on 22 October 2026. Confirm the current instrument before reliance.

## Notes

- An issues class under Rule 23(c)(4) still has to be appropriate. The tool does not make that finding.
- Rule 16(c)(2)(M) points to a separate trial under Rule 42(b). This check does not restate Rule 42 beyond that cross-reference.
- State courts split common and individual issues under their own class rules.

## Sources

- [Federal Rule of Civil Procedure 23, Class Actions](https://www.law.cornell.edu/rules/frcp/rule_23) (checked 2026-10-22)
- [Federal Rule of Civil Procedure 16, Pretrial Conferences; Scheduling; Management](https://www.law.cornell.edu/rules/frcp/rule_16) (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.*