What is the process of class action civil litigation?

Class action civil litigation is a process used when a group of people have similar legal claims or damages against the same party. It allows a group of people to join together and sue a defendant as a collective unit, instead of individuals each bringing their own lawsuit. In South Carolina, a class action lawsuit begins when a proposed class representative or lead plaintiff files a complaint in court that details the allegations against the defendant. The court will then decide whether the lawsuit meets the criteria to be designated as a class action. When the case is certified as a class action, the court appoints class counsel and the other members of the class are notified of the lawsuit and their right to join it as class members. The class representative and defendant then engage in limited discovery, which allows the parties to obtain evidence and information from the other side that is necessary for deciding the lawsuit. After discovery is complete, the class representative and defendant may submit motions to the court with the hope of obtaining a favorable ruling. If the parties cannot reach an agreement or a resolution is not found, the court will proceed with a trial. At trial, the class representative presents the case for the class and the defendant puts forth its defense. If the class action is successful, the court will decide how much the defendant must pay to the class of plaintiffs. Each plaintiff in the class will receive notice of how much to expect and then the court will approve the award.

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