231 Pa. Code § r. 1710 app. A

Current through Register Vol. 54, No. 41, October 12, 2024
Rule 1710 - Order Certifying or Refusing to Certify a Class Action. Revocation. Amendment. Findings and Conclusions

Subdivision (a) of Rule 1710 requires the court to file an opinion accompanying an order of certification or an order refusing to certify or an order of revocation of a previous order of certification. The opinion must set forth the basis for decision, including findings of fact, conclusions of law and appropriate discussion of the matters specified in Rules 1702, 1708 and 1709. Findings and conclusions are essential because an order refusing to certify or revoking a previous certification is a final and appealable order. Bell v. Beneficial Consumer Discount Company, 465 Pa. 225, 348 A.2d 734 (1975).

Subdivision (b) requires that an order of certification shall include a description of the class. This is self evident since, without it, there would be no foundation for the identification of the class members.

Subdivision (c) follows the Federal rule in permitting the court to limit the class action to particular issues or forms of relief, and to divide the proposed class into subclasses.

Subdivision (d) empowers the court to enter a conditional order of certification. It also permits the court to revoke, alter or amend an order of certification prior to a decision on the merits. The court may do this on its own motion or on motion of any party. Any such supplemental order must be accompanied by a memorandum of the reasons therefor.

231 Pa. Code app A r. 1710