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MARYLAND RULES OF PROCEDURE<br />

TITLE 2 - CIVIL PROCEDURE – CIRCUIT COURT<br />

CHAPTER 200 - PARTIES<br />

AMEND Rule 2-231 to add certain provisions concerning an<br />

appeal of the grant or denial of a class action certification <strong>and</strong><br />

to make certain stylistic changes to the source note, as follows:<br />

Rule 2-231. CLASS ACTIONS<br />

(a) Prerequisites to a Class Action<br />

One or more members of a class may sue or be sued as<br />

representative parties on behalf of all only if (1) the class is<br />

so numerous that joinder of all members is impracticable, (2)<br />

there are questions of law or fact common to the class, (3) the<br />

claims or defenses of the representative parties are typical of<br />

the claims or defenses of the class, <strong>and</strong> (4) the representative<br />

parties will fairly <strong>and</strong> adequately protect the interests of the<br />

class.<br />

Cross reference: See Code, Courts Article, §4-402 (d), regarding<br />

aggregation of claims for jurisdictional amount.<br />

(b) Class Actions Maintainable<br />

Unless justice requires otherwise, an action may be<br />

maintained as a class action if the prerequisites of section (a)<br />

are satisfied, <strong>and</strong> in addition:<br />

(1) the prosecution of separate actions by or against<br />

individual members of the class would create a risk of<br />

(A) inconsistent or varying adjudications with respect to<br />

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