How is the class determined in a class action lawsuit?

In a class action lawsuit, a class is determined by the judge. All of the members of the class must have similar legal claims or have suffered the same harm, meaning that they all face similar legal issues. Class members must also come from a larger group that is so large it would be impractical to join together in a single lawsuit. In Arkansas, the class must be determined by the court after the plaintiff, or group that initiates the lawsuit, files a motion to certify the class. This motion must explain what criteria have been used to define the class and why the class meets all of the requirements of the law. The plaintiff must also describe the benefits for the entire class that would come from a single suit instead of multiple individual lawsuits, and why the class meets the requirements of a class action lawsuit. The defendant has an opportunity to object to the motion to certify. The court will then review the motion and the objections to determine whether the class meets the requirements of the law. If the judge finds that the class is appropriate for a class action lawsuit, the court will issue an order certifying the class. Once the class is certified, notice will be provided to all potential class members, including the procedures for opting out if they do not wish to participate. Once the class is certified and everyone is notified, the lawsuit will move forward as a class action.

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How is the class determined in a class action lawsuit?

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