§ Rule 1.266. Notice of action
Rule 1.266. Notice of action
1.266(1) Following certification the court, by order after hearing, shall direct the giving of notice to the class.
1.266(2) The notice, based on the certification order and any amendment of the order, shall include all of the following:
a. A general description of the action, including the relief sought, and the names and addresses of the representative parties.
b. A statement of the right of a member of the class under rule 1.267 to be excluded from the action by filing an election to be excluded, in the manner specified, by a certain date.
c. A description of possible financial consequences on the class.
d. A general description of any counterclaim being asserted by or against the class, including the relief sought.
e. A statement that the judgment, whether favorable or not, will bind all members of the class who are not excluded from the action.
f. A statement that any member of the class may enter an appearance either personally or through counsel.
g. An address to which inquiries may be directed.
h. Other information the court deems appropriate.
1.266(3) The order shall prescribe the manner of notification to be used and specify the members of the class to be notified. In determining the manner and form of the notice to be given, the court shall consider the interests of the class, the relief requested, the cost of notifying the members of the class, and the possible prejudice to members who do not receive notice.
1.266(4) Each member of the class, not a representative party, whose potential monetary recovery or liability is estimated to exceed $100 shall be given personal or mailed notice if that member's identity and whereabouts can be ascertained by the exercise of reasonable diligence.
1.266(5) For members of the class not given personal or mailed notice under rule 1.266(4), the court shall provide, as a minimum, a means of notice reasonably calculated to apprise the members of the class of the pendency of the action. Techniques calculated to ensure effective communication of information concerning commencement of the action shall be used. The techniques may include personal or mailed notice, notification by means of newspaper, television, radio, posting in public or other places, and distribution through trade, union, public interest, or other appropriate groups.
1.266(6) The plaintiff shall advance the expense of notice under this rule if there is no counterclaim asserted. If a counterclaim is asserted the expense of notice shall be allocated as the court orders in the interest of justice.
1.266(7) The court may order that steps be taken to minimize the expense of notice.