Check a complaint against the class-action prerequisites
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- Compare the complaint the lawyer selects with Rule 23(a) and Rule 23(b). Record whether it alleges numerosity, common questions, typicality, and adequacy, and which of Rule 23(b)(1), (b)(2), or (b)(3) it invokes. Quote the paragraph for each item. Do not rewrite the pleading.
- What the lawyer must review
- You decide whether the allegations are fit to be certified and you amend the pleading if they are not. One or more members may sue or be sued 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 representatives' claims or defenses are typical, and the representatives will fairly and adequately protect the class. A class action may be maintained only if Rule 23(a) is satisfied and one of the Rule 23(b) types is met, including predominance and superiority for a (b)(3) class. Certification is by order. At an early practicable time the court must determine whether to certify, and an order that certifies a class must define the class and the class claims, issues, or defenses, and must appoint class counsel. Filing the complaint does not certify the class. Presenting the pleading is a Rule 11 certification. Formal Opinion 512 requires you to review generated allegations and citations before filing.
- Written for / version
- United States versionUS
Who does what
| Role | What they do |
|---|---|
| Assistance | Potential support includes identifying points for review. Confirm the tool’s capability and permitted scope. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Open each relied-on authority independently. Confirm its existence, current status, proposition and any quotation or pinpoint reference.
- Check the current court or regulator requirements, prescribed form and attachments for the intended document and filing.
- Confirm the output against the client’s instructions and the complete relevant source material, including omissions or contradictions.
- Resolve exceptions and record the responsible lawyer’s approval of the exact output and intended use.