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ARTICLE · 21 DECEMBER 2018

December 2018 Amendments To Rule 23 Are Now In Effect

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On December 1, 2018, the amendments to the Federal Rule of Civil Procedure 23 took effect.

United StatesLitigation, Mediation & Arbitration
Lucia Nale
Lucia Nale
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Kevin Ranlett
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On December 1, 2018, the amendments to the Federal Rule of Civil Procedure 23 took effect. These amendments primarily alter rules governing federal class action notice, settlement, and appeal. The following is an overview of key changes.

Class Notice

The amended Rule 23 clarifies that providing "the best notice that is practicable under the circumstances" to individual class members may include "electronic means, or other appropriate means." This clarification is consistent with a trend of courts moving to authorize forms of communication other than first-class mail, the traditional method for providing notice. The 2018 Advisory Committee Note cautions that cases may differ in their notice needs.

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This Mayer Brown article provides information and comments on legal issues and developments of interest. The foregoing is not a comprehensive treatment of the subject matter covered and is not intended to provide legal advice. Readers should seek specific legal advice before taking any action with respect to the matters discussed herein.

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