§ Rule 1711 The Plaintiff Class Exclusion Inclusion

Codes > Pennsylvania Rules of Civil Procedure > Class Actions > Rule 1711

Rule 1711. The Plaintiff Class. Exclusion. Inclusion

    (a) Except as provided in subdivision (b) or as otherwise provided by the court, in certifying a plaintiff class or subclass the court shall state in its order that every member of the class is included unless by a specified date a member files of record a written election to be excluded from the class.

    (b) If the court finds that

        (1) the individual claims are substantial, and the potential members of the class have sufficient resources, experience and sophistication in business affairs to conduct their own litigation; or

        (2) other special circumstances exist which are described in the order, the court may state in its order that a person shall not be a member of the plaintiff class or subclass unless by a specified  date the person files of record a written election to be included in the class or subclass.