---
title: "Keep the opt-out register against the class notice and the order"
url: "https://ailawframework.com/practice/class-actions-representative-proceedings/keep-the-opt-out-register-against-the-court-s-orders/united-states"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A7-D20261018-1-US"
practice_area: "Class Actions / Representative Proceedings"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["US"]
last_reviewed: "2026-10-22"
---

# Keep the opt-out register against the class notice and the order

> Match each request for exclusion to the class definition and record the date it was received. Flag a request that is late, incomplete or from a person who does not appear to be in the class.

Canonical page: https://ailawframework.com/practice/class-actions-representative-proceedings/keep-the-opt-out-register-against-the-court-s-orders/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 | Yellow: Lawyer and AI draft together |
| How AI is used | Match each request for exclusion to the class definition and record the date it was received. Flag a request that is late, incomplete or from a person who does not appear to be in the class. |
| What the lawyer must review | Rule 23(c)(2)(B) requires the (b)(3) notice to say that the court will exclude any member who requests exclusion, and to state the time and manner for requesting it. Rule 23(c)(3)(B) describes the judgment by reference to those who were directed notice and have not requested exclusion. You decide whether each request is effective under the order before the register is used. Do not put the class list into a public tool. |
| Written for | United States |
| Applies to | [Keep the opt-out register against the court’s orders](https://ailawframework.com/practice/class-actions-representative-proceedings/keep-the-opt-out-register-against-the-court-s-orders.md) |

## Checking plan

- What the AI does: Match each request for exclusion to the class definition and record the date it was received. Flag a request that is late, incomplete or from a person who does not appear to be in the class.
- Basis: Checked against the linked sources on 22 October 2026. Confirm the current instrument before reliance.

## Notes

- There is no automatic opt-out from a Rule 23(b)(1) or (b)(2) class. Read the certification order.
- Rule 23(e)(4) can require a new chance to opt out at settlement. Check the settlement order before closing the register.

## Sources

- [Federal Rule of Civil Procedure 23(c)(2) and 23(c)(3)](https://www.law.cornell.edu/rules/frcp/rule_23) (checked 2026-10-22)
- [ABA Model Rule 1.6, Confidentiality of Information](https://www.americanbar.org/groups/professional_responsibility/publications/model_rules_of_professional_conduct/rule_1_6_confidentiality_of_information/) (checked 2026-10-22)

## Forms and precedents for this task

| Form or precedent | Kind | AI level | Summary |
| --- | --- | --- | --- |
| [Opt-out register against the Court's date and Form 21 (Federal Court class action)](https://ailawframework.com/precedents/class-actions-representative-proceedings/opt-out-register.md) | Checklist | Yellow | Register of written opt-out notices received against the date the Court fixed, checked to Form 21 and rule 9.34, with no decision on who remains in the class. |

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.*