§ Rule 1.267. Exclusion

Codes > Iowa Rules of Civil Practice and Procedure > Chapter 1 > Division II : F. Class > Rule 1.267.

Rule 1.267. Exclusion

1.267(1) A member of a plaintiff class may elect to be excluded from the action unless any of the following occur:

a. The member is a representative party.

b. The certification order contains an affirmative finding under rule 1.263(1)(a), (b), or (c).

c. A counterclaim under rule 1.270 is pending against the member or that member's class or subclass.

1.267(2) Any member of a plaintiff class entitled to be excluded under rule 1.267(1) who files an election to be excluded, in the manner and in the time specified in the notice, is excluded from and not bound by the judgment in the class action.

1.267(3) The elections shall be made a part of the record in the action.

1.267(4) A member of a defendant class may not elect to be excluded.