§ Rule 1712 Order Notice of Action

Codes > Pennsylvania Rules of Civil Procedure > Class Actions > Rule 1712

Rule 1712. Order. Notice of Action

    (a) After the entry of the order of certification and after hearing the parties with respect to the notice to be given, the court shall enter a supplementary order which shall prescribe the type and content of notice to be used and shall specify the members to be notified. In determining the type and content of notice to be used and the members to be notified, the court shall consider the extent and nature of the class, the relief requested, the cost of notifying the members and the possible prejudice to be suffered by members of the class or by other parties if notice is not received. The court may designate in the notice a person to answer inquiries from, furnish information to or receive comments from members or potential members of the class with respect to the notice.

    (b) The court may require individual notice to be given by personal service or by mail to all members who can be identified with reasonable effort. For members of the class who cannot be identified with reasonable effort or where the court has not required individual notice, the court shall require notice to be given through methods reasonably calculated to inform the members of the class of the pendency of the action. Such methods may include using a newspaper, television or radio or posting or distributing through a trade, union or public interest group.

    (c) The notice shall be prepared by and given at the expense of the plaintiff in the manner required by the order. A proposed form of notice shall be submitted for approval to the court and to all named defendants, who may file objections thereto within ten days. The court may require a defendant to cooperate in giving notice by taking steps which will minimize the plaintiff's expense including the use of the defendant's established methods of communication with members of the class, provided, however, that any additional costs thereby incurred by the defendant shall be paid
by the plaintiff.

    Note: Illustrative of the means of reducing the expense of individual notice is the inclusion of the notice in a mailing normally made by the defendant to members of the class.

    (d) If a defendant asserts a counterclaim against a plaintiff class or subclass, the expense of a combined notice of the plaintiff's claim and of the defendant's counterclaim shall be allocated between the parties as the court may order.