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COMMONWEALTH OF PENNSYLVANIA

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231 Pa. Code Rule 1710. Order Certifying or Refusing to Certify a Class Action. Revocation. Amendment. Findings and Conclusions.

Rule 1710. Order Certifying or Refusing to Certify a Class Action. Revocation. Amendment. Findings and Conclusions.

 (a)  In certifying, refusing to certify or revoking a certification of a class action, the court shall set forth in an opinion accompanying the order the reasons for its decision on the matters specified in Rules 1702, 1708 and 1709, including findings of fact, conclusions of law and appropriate discussion.

 (b)  In certifying a class action, the court shall set forth in its order a description of the class.

 (c)  When appropriate, in certifying, refusing to certify or revoking a certification of a class action the court may order that

   (1)  the action be maintained as a class action limited to particular issues or forms of relief, or

   (2)  a class be divided into subclasses and each subclass treated as a class for purposes of certifying, refusing to certify or revoking a certification and that the provisions of these rules be applied accordingly.

 (d)  An order under this rule may be conditional and, before a decision on the merits, may be revoked, altered or amended by the court on its own motion or on the motion of any party. Any such supplemental order shall be accompanied by a memorandum of the reasons therefor.

 (e)  If certification is refused or revoked, the action shall continue by or against the named parties alone.

Source

   The provisions of this Rule 1710 adopted June 30, 1977, effective September 1, 1977, 7 Pa.B. 1956.



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