How is a class action lawsuit certified?

In Kansas, a class action lawsuit is certified when a court finds that the legal dispute qualifies as a class action. The court must make three determinations to certify the class action: (1) the class itself must have numerous members so that individual lawsuits are impractical; (2) the members of the class must have common legal issues; and (3) the class representatives must have the same interests as the rest of the class. To demonstrate that a class action should be certified, a party must file a motion with the court to request certification. The motion includes specific facts and legal arguments related to the proposed class, and is supported by evidence such as declarations and affidavits. The court then reviews the motion and enters a ruling granting or denying certification. If the court grants class action certification, a notice must be sent to all potential class members to inform them of the case and their rights as members of the class. The notice provides the class members with an opportunity to opt-in or opt-out of the lawsuit. After class members either opt-in or opt-out, the court can finally approve the class action and move forward with the lawsuit.

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How is a class action lawsuit certified?

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