MBE Rules · Civil Procedure
Class-Certification Appeals
FRCP 23(f)
The rule
A court of appeals has unreviewable discretion to permit an immediate appeal from a class-certification grant or denial if sought within 14 days; proceedings are not stayed unless ordered.
In plain English
In class-action lawsuits, parties can appeal a court's decision to grant or deny class certification. If they file their appeal within 14 days, the appellate court has the discretion to allow it, and the case continues unless the court specifically decides to pause the proceedings.
Worked example
A plaintiff's motion for class certification is granted by the trial court. The defendant files a notice of appeal within 14 days, seeking to challenge the certification. The appellate court decides to hear the appeal, allowing the case to proceed while the appeal is pending. The outcome is that the appeal is accepted, and the trial continues.
Memory hook
Class certification appeals: 14 days to challenge, no pause unless ordered!
The trap
Exams may present scenarios where students misinterpret the timing for filing appeals or overlook the discretion of the appellate court, leading to incorrect assumptions about staying proceedings.
How examiners test it
Questions often involve a fact pattern where a class certification is granted or denied, testing the candidate's understanding of the appeal process and timing.
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