§ CR 23.05 Dismissal or compromise

Codes > Kentucky Rules of Civil Procedure > IV Parties > CR 23 > CR 23.05

CR 23.05 Dismissal or compromise

    The claims, issues, or defenses of a certified class may be settled, or defenses of a certified class may be settled, voluntarily dismissed, or compromised only with the court's approval. The following procedures apply to a proposed settlement, voluntary dismissal, or compromise:

    (1) The court must direct notice in a reasonable manner to all class members who would be bound by the proposal.

    (2) If the proposal would bind class members, the court may approve it only after a hearing and on finding that it is fair, reasonable, and adequate.

    (3) The parties seeking approval must file a statement identifying any agreement made in connection with the proposal.

    (4) If the class action was previously certified under CR 23.02(c), the court may refuse to approve a settlement unless it affords a new opportunity to request exclusion to individual class members who had an earlier opportunity to request exclusion but did not do so.

    (5) Any class member may object to the proposal if it requires court approval under this subdivision (5); the objection may be withdrawn only with the court's approval upon a showing of good cause.