How do I file a class action lawsuit?

Filing a class action lawsuit in New York involves filing a complaint with the court and serving a summons and complaint to the other party or parties involved. The complaint must state the grounds on which the class action lawsuit is being brought, including the type of legal claims being made and the reasons why the court should recognize the validity of the claims. The summons and complaint are usually served by certified mail, but may also be served in person or by publication if the parties involved cannot be located. Once the summons and complaint are served on the other parties, they must answer the complaint within 20 days. Next, a court order will be issued to formally create the class and define the members of the class. The court order will also provide a way for class members to opt-out of the class action lawsuit if they wish. The class representative (the person or people who brought the class action lawsuit to court) will be required to provide evidence to demonstrate that the proposed class meets the legal requirements of a “class” under New York law. Once the class has been certified, the parties must conduct “discovery” in order to gather evidence in support of their claims. This may involve providing documents and testimony as well as other forms of evidence. Finally, the parties will present their case to the court in a trial. The judge will then decide the outcome of the lawsuit and whether the class action lawsuit is successful. If the class action lawsuit is successful, the court may award monetary damages to the members of the class or order some type of non-monetary relief, such as an injunction.

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How do I file a class action lawsuit?

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