What are the legal requirements for class action notice?
In the state of New York, a class action lawsuit requires legal notice to be given to all of the parties involved in the lawsuit. This notice is to inform the plaintiffs and defendants of the complaint and its purpose. It is meant to give all parties involved an opportunity to respond and defend themselves should they choose to do so. Class action notice may be given individually or collectively. When it is sent out individually, each party is to receive the notice personally, while collective notices are sent out in mass (i.e. email, newspaper, etc.). The primary form of notice is personal service, whereby a process server will deliver the notice to the party by hand. To ensure that all parties have received the notice, it is a legal requirement that the notice must include an affidavit of service. This affidavit is a signed statement that details who was served, when the service was made, and the method of delivery. Additionally, the notice must contain the name of the court, the name of the case, and the date by which the other party must respond to the complaint. In New York, class action lawsuits must be brought to court in order to be certified as a class action. This is done through a motion filed by the plaintiff. Additionally, class action lawsuits must be certified by the court in order to move forward and all parties must be given notice of the lawsuit with the above requirements.
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