Conn. Practice Book § 9-8 (2026)

Sec. 9-8. —Class Actions Maintainable An action may be maintained as a class action if the prerequisites of Section 9-7 are satisfied, and in addition: (1) the prosecution of separate actions by or against individual members of the class would create a risk of: (A) inconsistent or varying adjudi- cations with respect to individual members of the class which would establish incompatible stan- dards of conduct for the party opposing the class; or (B) adjudications with respect to individual members of the class which would, as a practical matter, be dispositive of the interests of the other members who are not parties to the adjudications or substantially impair or impede their ability to protect their interests; or (2) the party opposing the class has acted or refused to act on grounds generally applicable to the class, thereby making appropriate final injunc- tive relief or corresponding declaratory relief with respect to the class as a whole; or (3) the court finds that the questions of law or fact common to the members of the class predom- inate over any questions affecting only individual members and that a class action is superior to other available methods for the fair and efficient adjudication of the controversy. The matters perti- nent to the findings include: (A) the interest of

© Copyrighted by the Secretary of the State of the State of Connecticut SUPERIOR COURT—PROCEDURE IN CIVIL MATTERS Sec. 9-9 members of the class in individually controlling the prosecution or defense of separate actions; (B) the extent and nature of any litigation concern- ing the controversy already commenced by or against members of the class; (C) the desirability or undesirability of concentrating the litigation of the claims in the particular forum; (D) the difficul- ties likely to be encountered in the management of class action. (P.B. 1978-1997, Sec. 88.) (Amended June 22, 2009, to take effect Jan. 1, 2010.) Sec. 9-9. —Procedure for Class Certification and Management of Class (Amended June 22, 2009, to take effect Jan. 1, 2010.) (a) (1) (A) When a person sues or is sued as a representative of a class, the court must, at an early practicable time, determine by order whether to certify the action as a class action. (B) An order certifying a class action must define the class and the class claims, issues or defenses, and must appoint class counsel. (C) An order under Section 9-9 (a) (1) (A) may be altered or amended before final judgment. (2) (A) For any class certified under Section 9-8 (1) or (2), the court must direct notice to the class. (B) For any class certified under Section 9-8 (3), the court must direct to class members the best notice practicable under the circumstances, including individual notice to all members who can be identified through reasonable effort. The notice must concisely and clearly state in plain, easily understood language: (i) the nature of the action; (ii) the definition of the class certified; (iii) the class claims, issues or defenses; (iv) that a class member may enter an appear- ance through counsel if the member so desires; (v) that the court will exclude from the class any member who requests exclusion, stating when and how members may elect to be excluded; and (vi) the binding effect of a class judgment on class members under Section 9-8 (3). (3) The judgment in an action maintained as a class action under Section 9-8 (1) or (2), whether or not favorable to the class, shall include and describe those whom the court finds to be mem- bers of the class. The judgment in an action main- tained as a class action under Section 9-8 (3), whether or not favorable to the class, shall include and specify or describe those to whom the notice provided in Section 9-9 (a) (2) (B) was directed, and who have not requested exclusion, and whom the court finds to be members of the class. (4) When appropriate, (A) an action may be brought or maintained as a class action with respect to particular issues, or (B) a class may be divided into subclasses and each subclass treated as a class, and the provisions of Sections 9-7 and 195 9-8 shall then be construed and applied accord- ingly. (b) In the conduct of actions to which Section 9-7 et seq. apply, the court may make appro- priate orders: (1) determining the course of proceedings or prescribing measures to prevent undue repetition or complication in the presentation of evidence or argument; (2) requiring, for the protection of the members of the class or otherwise for the fair conduct of the action, that notice be given in such manner as the court may direct to some or all of the mem- bers of: (A) any step in the action; (B) the proposed extent of the judgment; or (C) the opportunity of members to signify whether they consider the representation fair and adequate, to intervene and to present claims or defenses, or otherwise to come into the action; (3) imposing conditions on the representative parties or on intervenors; (4) requiring that the pleadings be amended to eliminate therefrom allegations as to representa- tion of absent persons, and that the action pro- ceed accordingly; (5) dealing with similar procedural matters. The orders may be altered or amended as may be desirable from time to time. (c) (1) (A) The court must approve any settle- ment, withdrawal, or compromise of the claims, issues, or defense of a certified class. Court approval is not required for settlement, withdrawal or compromise of a claim in which a class has been alleged but no class has been certified. (B) The court must direct notice in a reasonable manner to all class members who would be bound by a proposed settlement, withdrawal or com- promise. (C) The court may approve a settlement, with- drawal, or compromise that would bind class members only after a hearing and on finding that the settlement, withdrawal, or compromise is fair, reasonable, and adequate. (2) The parties seeking approval of a settle- ment, withdrawal, or compromise of an action in which a class has been certified must file a state- ment identifying any agreement made in connec- tion with the proposed settlement, withdrawal or compromise. (3) In an action previously certified as a class action under Section 9-8 (3), the court may refuse to approve a settlement unless it affords a new opportunity to request exclusion to individual class members who had an earlier opportunity to request exclusion but did not do so. (4) (A) Any class member may object to a pro- posed settlement, withdrawal or compromise that requires court approval under (c) (1) (A).

© Copyrighted by the Secretary of the State of the State of Connecticut SUPERIOR COURT—PROCEDURE IN CIVIL MATTERS