---
title: "Build a fact table for a class-action viability memo"
url: "https://ailawframework.com/practice/class-actions-representative-proceedings/build-a-viability-memo-cause-of-action-class-size-and-common-questions/united-states"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A7-T1-R1-US"
practice_area: "Class Actions / Representative Proceedings"
tier: "red"
lawyer_review: "required"
jurisdictions: ["US"]
last_reviewed: "2026-10-22"
---

# Build a fact table for a class-action viability memo

> Table the facts in the file that bear on how many people are affected, what questions the complaints share, and what the named plaintiffs' claims are. Write no memo.

Canonical page: https://ailawframework.com/practice/class-actions-representative-proceedings/build-a-viability-memo-cause-of-action-class-size-and-common-questions/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 | Table the facts in the file that bear on how many people are affected, what questions the complaints share, and what the named plaintiffs' claims are. Write no memo. |
| What the lawyer must review | You write the memo and you decide whether a class can be maintained. Rule 23(a): one or more members may sue as representative parties only if the class is so numerous that joinder is impracticable, there are questions of law or fact common to the class, the claims or defenses of the representatives are typical, and the representatives will fairly and adequately protect the interests of the class. A class action may be maintained only if Rule 23(a) is satisfied and a part of Rule 23(b) is also satisfied. You open Rule 23(b) before you choose a type. You write every sentence of the memo. Rule 11 applies to any paper later filed. |
| Written for | United States |
| Applies to | [Build a viability memo: cause of action, class size and common questions](https://ailawframework.com/practice/class-actions-representative-proceedings/build-a-viability-memo-cause-of-action-class-size-and-common-questions.md) |

## Checking plan

- What the AI does: Table the facts in the file that bear on how many people are affected, what questions the complaints share, and what the named plaintiffs' claims are. Write no memo.
- Basis: Checked against the linked sources on 22 October 2026. Confirm the current instrument before reliance.

## Notes

- The table is not the viability memo. The lawyer writes the memo.
- Rule 23(b) is not restated here. Open it before the type of class is chosen.

## Sources

- [Federal Rule of Civil Procedure 23](https://www.law.cornell.edu/rules/frcp/rule_23) (checked 2026-10-22)
- [Federal Rule of Civil Procedure 11](https://www.law.cornell.edu/rules/frcp/rule_11) (checked 2026-10-22)

## Forms and precedents for this task

| Form or precedent | Kind | AI level | Summary |
| --- | --- | --- | --- |
| [Pre-filing memo: Part IVA threshold requirements and class definition](https://ailawframework.com/precedents/class-actions-representative-proceedings/part-iva-threshold-and-class-definition-memo.md) | Memo | Red | Internal memo template testing a proposed Federal Court class action against s 33C (7 or more persons, related circumstances, substantial common issue), s 33H (originating process) and the s 33N… |
| [Deposition outline: class representative and Rule 30(b)(6)](https://ailawframework.com/precedents/class-actions-representative-proceedings/us-class-deposition-outline.md) | Checklist | Yellow | Question outline for the deposition of a proposed class representative and for a Rule 30(b)(6) deposition on the systems that define the class. Questions only. No script of testimony. |

Signed-in accounts can read the full text of each one.

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