§ Rule 1.271. Dismissal or compromise
Rule 1.271. Dismissal or compromise
1.271(1) Unless certification has been refused under rule 1.262, a class action, without the approval of the court after hearing, may not be:
a. Dismissed voluntarily.
b. Dismissed involuntarily without an adjudication on the merits.
c. Compromised.
1.271(2) If the court has certified the action under rule 1.262, notice of hearing on the proposed dismissal or compromise shall be given to all members of the class in a manner the court directs. If the court has not ruled on certification, notice of hearing on the proposed dismissal or compromise may be ordered by the court which shall specify the persons to be notified and the manner in which notice is to be given.
1.271(3) Notice given under rule 1.271(2) shall include a description of the procedure available for modification of the dismissal or compromise and a full disclosure of the reasons for the dismissal or compromise including, but not limited to, the following:
a. Any payments made or to be made in connection with the dismissal or compromise.
b. The anticipated effect of the dismissal or compromise on the class members.
c. Any agreement made in connection with the dismissal or compromise.
d. A description and evaluation of alternatives considered by the representative parties.
e. An explanation of any other circumstances giving rise to the proposal.
1.271(4) On the hearing of the dismissal or compromise, the court may do any of the following:
a. As to the representative parties or a class certified under rule 1.262, permit dismissal with or without prejudice or approve the compromise.
b. As to a class not certified, permit dismissal without prejudice.
c. Deny the dismissal.
d. Disapprove the compromise.
e. Take other appropriate action for the protection of the class and in the interest of justice.
1.271(5) The cost of notice given under rule 1.271(2) shall be paid by the party seeking dismissal, or as agreed in case of a compromise, unless the court after a hearing orders otherwise.