What is the process of class action civil litigation?
Class action civil litigation is a type of legal action that is taken on behalf of a group of people who have been harmed in similar ways and want to seek compensation. In New Mexico, class action lawsuits are governed by Rule 1-086 of the New Mexico Rules of Civil Procedure. The process of class action civil litigation begins when a group of people, or ‘class’, come together to file a complaint against a defendant. The complaint must include factual allegations that explain why the class believes the defendant has wronged them and how they have been harmed. The class must also explain the legal reasons why they believe the defendant should be held responsible for their actions. The complaint will then be filed in court. Once the complaint has been filed, the court will review the complaint and if the allegations are sufficient, the court will certify the class action. This means that the court has determined that the class meets specific criteria set out in the New Mexico Rules of Civil Procedure. Following certification, the class action proceeds just like a traditional lawsuit. The class will have to prove their case and the defendant will have an opportunity to respond and challenge the allegations. The court may also appoint a representative for the class in order to ensure that all members of the class are represented. If the class wins their case, then the court will order the defendant to provide compensation to the class.
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