Okla. Stat. tit. 12, § 12-2023

CLASS ACTIONS

A. PREREQUISITES TO A CLASS ACTION. One or more members of a

class may sue or be sued as representative parties on behalf of all

only if:

1. The class is so numerous that joinder of all members is

impracticable;

2. There are questions of law or fact common to the class;

3. The claims or defenses of the representative parties are

typical of the claims or defenses of the class; and

4. The representative parties will fairly and adequately

protect the interests of the class.

B. CLASS ACTIONS MAINTAINABLE. An action may be maintained as

a class action if the prerequisites of subsection A of this section

are satisfied, if the petition in the class action contains factual

allegations sufficient to demonstrate a plausible claim for relief

and:

1. The prosecution of separate actions by or against individual

members of the class would create a risk of:

a. inconsistent or varying adjudications with respect to

individual members of the class which would establish

incompatible standards 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

Oklahoma Statutes - Title 12. Civil Procedure Page 420

dispositive of the interests of the other members 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 injunctive 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 predominate 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 pertinent to the findings include:

a. the interest of members of the class in individually

controlling the prosecution or defense of separate

actions,

b. the extent and nature of any litigation concerning 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,

and

d. the difficulties likely to be encountered in the

management of a class action.

C. DETERMINATION BY ORDER WHETHER CLASS ACTION TO BE

MAINTAINED; NOTICE; JUDGMENT; ACTIONS CONDUCTED PARTIALLY AS CLASS

ACTIONS.

1. As soon as practicable after the commencement of an action

brought as a class action, the court shall determine by order

whether it is to be so maintained. An order entered on or after

November 1, 2011, that certifies a class action shall define the

class and the class claims, issues or defenses, and shall appoint

class counsel under subsection F of this section. An order under

this subsection may be conditional, and may be altered or amended

before the decision on the merits.

2. The order described in paragraph 1 of this subsection shall

be subject to a de novo standard of review by any appellate court

reviewing the order. While the appeal of the order on class

certification is pending, the trial court shall retain sufficient

jurisdiction over the case to consider and implement a settlement of

the action should one be reached between the parties and discovery

as to the class claims shall be stayed pending resolution of the

appeal.

3. For any class certified under paragraph 1 or 2 of subsection

B of this section, the court may direct appropriate notice to the

class.

4. In any class action maintained under paragraph 3 of

subsection B of this section, the court shall direct to the members

Oklahoma Statutes - Title 12. Civil Procedure Page 421

of the class the best notice practicable under the circumstances,

including individual notice to all members who can be identified
subsection

B of this section, the court may direct appropriate notice to the

class.

4. In any class action maintained under paragraph 3 of

subsection B of this section, the court shall direct to the members

Oklahoma Statutes - Title 12. Civil Procedure Page 421

of the class the best notice practicable under the circumstances,

including individual notice to all members who can be identified

through reasonable effort. The notice shall clearly and concisely

state in plain, easily understood language:

a. the nature of the action,

b. the definition of the class certified,

c. the class claims, issues or defenses,

d. that a class member may enter an appearance through an

attorney if the member so desires,

e. that the court will exclude the member from the class

if the member so requests by a specified date,

f. that the judgment, whether favorable or not, will

include all members who do not request exclusion, and

g. that any member who does not request exclusion may, if

the member desires, enter an appearance through

counsel.

Members to whom individual notice is not directed shall be given

notice in such manner as the court shall direct, which may include

publishing notice in newspapers, magazines, trade journals or other

publications, posting it in appropriate places, and taking other

steps that are reasonably calculated to bring the notice to the

attention of such members, provided that the cost of giving such

notice shall be reasonable in view of the amounts that may be

recovered by the class members who are being notified. Members to

whom individual notice was not directed may request exclusion from

the class at any time before the issue of liability is determined,

and commencing an individual action before the issue of liability is

determined shall be the equivalent of requesting exclusion from the

class.

5. The judgment in an action maintained as a class action under

paragraph 1 or 2 of subsection B of this section, whether or not

favorable to the class, shall include and describe those whom the

court finds to be members of the class. The judgment in an action

maintained as a class action under paragraph 3 of subsection B of

this section, whether or not favorable to the class, shall include

and specify or describe those to whom the notice provided in

paragraph 4 of this subsection was directed, and who have not

requested exclusion, and whom the court finds to be members of the

class.

6. 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.

The provisions of this section shall then be construed and applied

accordingly.

Oklahoma Statutes - Title 12. Civil Procedure Page 422

D. ORDERS IN CONDUCT OF ACTIONS. In the conduct of actions to

which this section applies, the court may make appropriate 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 members

of any step in the action, or of the proposed extent of the

judgment, or of the opportunity of members to signify whether they

consider the representation fair and adequate, to intervene and

present claims or defenses, or otherwise to come into the action;

3. For actions filed after November 1, 2011, class membership

shall be limited, unless otherwise agreed to by the defendant, only

to individuals or entities who are:

a. residents of this state, or

b. nonresidents of this state who:

(1) own an interest in property located in this state

where the property is relevant to the class

action, or
or defenses, or otherwise to come into the action;

3. For actions filed after November 1, 2011, class membership

shall be limited, unless otherwise agreed to by the defendant, only

to individuals or entities who are:

a. residents of this state, or

b. nonresidents of this state who:

(1) own an interest in property located in this state

where the property is relevant to the class

action, or

(2) have a significant portion of the nonresident's

cause of action arising from conduct occurring

within the state;

4. Requiring, for the sole purpose of class notice upon

certification of a class, that parties to the action provide such

names and addresses of potential members of the class as they

possess, subject to an appropriate protective order;

5. Imposing conditions on the representative parties or on

intervenors;

6. Requiring that the pleadings be amended to eliminate

therefrom allegations as to representation of absent persons, and

that the action proceed accordingly; and

7. Dealing with similar procedural matters.

The orders may be combined with an order under Section 2016 of this

title and may be altered or amended as may be desirable from time to

time.

E. DISMISSAL OR COMPROMISE. The claims, issues or defenses of

a certified class may be settled, voluntarily dismissed, or

compromised only with the court’s approval. For motions filed after

November 1, 2011, the following procedures apply to a proposed

settlement, voluntary dismissal, or compromise:

1. The court shall direct notice in a reasonable manner to all

class members who would be bound by the proposal;

2. If the proposal would bind class members, the court may

approve it only after a hearing and on finding that it is fair,

reasonable and adequate;

Oklahoma Statutes - Title 12. Civil Procedure Page 423

3. The parties seeking approval shall file a statement

identifying any agreement made in connection with the proposal;

4. If the class action was previously certified under paragraph

3 of subsection B of this section, 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; and

5. Any class member may object to the proposal if it requires

court approval under this subsection.

F. CLASS COUNSEL. 1. Unless a statute provides otherwise, a

court that certifies a class shall appoint class counsel. In

appointing class counsel after November 1, 2011, the court:

a. shall consider:

(1) the work counsel has done in identifying or

investigating potential claims in the action,

(2) counsel’s experience in handling class actions,

other complex litigation, and the types of claims

asserted in the action,

(3) counsel’s knowledge of the applicable law, and
es a class shall appoint class counsel. In

appointing class counsel after November 1, 2011, the court:

a. shall consider:

(1) the work counsel has done in identifying or

investigating potential claims in the action,

(2) counsel’s experience in handling class actions,

other complex litigation, and the types of claims

asserted in the action,

(3) counsel’s knowledge of the applicable law, and

(4) the resources that counsel will commit to

representing the class,

b. may consider any other matter pertinent to counsel’s

ability to fairly and adequately represent the

interests of the class,

c. may order potential class counsel to provide

information on any subject pertinent to the

appointment and to propose terms for attorney fees or

nontaxable costs,

d. may include in the appointing order provisions about

the award of attorney fees or nontaxable costs, and

e. may make further orders in connection with the

appointment.

2. When one applicant seeks appointment as class counsel, the

court may appoint that applicant only if the applicant is adequate

under paragraphs 1 and 4 of this subsection. If more than one

adequate applicant seeks appointment, the court shall appoint the

applicant best able to represent the interests of the class.

3. The court may designate interim counsel to act on behalf of

a putative class before determining whether to certify the action as

a class action.

4. Class counsel shall fairly and adequately represent the

interests of the class.

G. ATTORNEY FEES AND NONTAXABLE COSTS. 1. In a certified

class action, the court may award reasonable attorney fees and

nontaxable costs that are authorized by law or by the parties’

agreement.

Oklahoma Statutes - Title 12. Civil Procedure Page 424

2. A claim for an award shall be made by motion, subject to the

provisions of this subsection, at a time set by the court. Notice

of the motion shall be served on all parties and, for motions by

class counsel, directed to class members in a reasonable manner.

3. A class member, or a party from whom payment is sought, may

object to the motion.

4. In considering a motion for attorney fees filed after the

effective date of this act:

a. the court shall conduct an evidentiary hearing to

determine a fair and reasonable fee for class counsel,

b. the court shall act in a fiduciary capacity on behalf

of the class in making such determination,

c. the court may appoint an attorney to represent the

class upon the request by any members of the class in

a hearing on the issue of the amount of attorney fees

or the court may refer the matter to a referee

pursuant to Section 613 et seq. of this title,

d. if the court appoints an attorney to represent the

class for the fee hearing pursuant to subparagraph c

of this paragraph or refers the matter to a referee,

the attorney or referee shall be independent of the

attorney or attorneys seeking attorney fees in the

class action, and said independent attorney or referee

shall be awarded reasonable fees by the court on an

hourly basis out of the proceeds awarded to the class,

e. in arriving at a fair and reasonable fee for class

counsel, the court shall consider the following

factors:

(1) time and labor required,

(2) the novelty and difficulty of the questions

presented by the litigation,

(3) the skill required to perform the legal service

properly,

(4) the preclusion of other employment by the

attorney due to acceptance of the case,

(5) the customary fee,

(6) whether the fee is fixed or contingent,

(7) time limitations imposed by the client or the

circumstances,

(8) the amount in controversy and the results

obtained,

(9) the experience, reputation and ability of the

attorney,

(10) whether or not the case is an undesirable case,

(11) the nature and length of the professional

relationship with the client,

(12) awards in similar causes, and

Oklahoma Statutes - Title 12. Civil Procedure Page 425
imitations imposed by the client or the

circumstances,

(8) the amount in controversy and the results

obtained,

(9) the experience, reputation and ability of the

attorney,

(10) whether or not the case is an undesirable case,

(11) the nature and length of the professional

relationship with the client,

(12) awards in similar causes, and

Oklahoma Statutes - Title 12. Civil Procedure Page 425

(13) the risk of recovery in the litigation, and

f. if any portion of the benefits recovered for the class

in an action maintained pursuant to paragraph 3 of

subsection B of this section are in the form of

coupons, discounts on future goods or services or

other similar types of noncash common benefits, the

attorney fees awarded in the class action shall be in

cash and noncash amounts in the same proportion as the

recovery for the class.