How do I file a class action lawsuit?

Filing a class action lawsuit in West Virginia is a process that should be done with the assistance of an attorney. It begins with filing a complaint against the defendant in the appropriate state court. The complaint must comply with the requirements of the West Virginia Rules of Civil Procedure. After the complaint is filed, the court must certify the suit as a class action in order for the lawsuit to proceed. This certification requires that the class of people filing the lawsuit is so numerous that it is impractical to join them all as parties to the suit, there are questions of law or fact common to the entire class, and that the claims of the representatives of the class are typical of all other members of the class. After the court certifies the lawsuit as a class action, the case must be served on the defendant or defendants. The plaintiff must notify potential class members of the lawsuit and give them the opportunity to opt-out of the class. This notification, called “notice,” must accurately inform potential class members of the lawsuit and the relief that it seeks. Once the defendant receives the complaint and the court certifies the lawsuit as a class action and notice is given to potential class members, the lawsuit will proceed to the discovery phase. Discovery includes obtaining documents, taking depositions, and any other procedures necessary to proceed to trial. Upon completion of discovery, the plaintiff and defendant may choose to settle the case or settle the case with the approval of the court. If the case does not settle, it will proceed to a trial and, if appropriate, a jury will resolve the claims of the class.

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How do I file a class action lawsuit?

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