Missouri 2025 Regular Session

Missouri Senate Bill SB47 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1
2	2		EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted
3	3		and is intended to be omitted in the law.
4	4		FIRST REGULAR SESSION
5		-	[~~TRULY AGREED TO AND FINALLY PASSED~~ ]
	5	+	[PERFECTED]
6	6		SENATE SUBSTITUTE FOR
7	7		SENATE COMMITTEE SUBSTITUTE FOR
8	8		SENATE BILL NO. 47
9	9		103RD GENERAL ASSEMBLY
10		-	~~2025~~
11		-	0064S.~~04T~~
	10	+	INTRODUCED BY SENATOR TRENT.
	11	+	0064S.04P KRISTINA MARTIN, Secretary
12	12		AN ACT
13	13		To amend supreme court rule 52.08, relating to class actions.
14	14
15	15		Be it enacted by the General Assembly of the State of Missouri, as follows:
16	16		Section A. Supreme court rule 52.08 is amended, to read 1
17	17		as follows:2
18	18		52.08. Class Actions 1
19	19		[(a) Prerequisites to a Class Action. One or mor e 2
20	20		members of a class may sue or be sued as representative 3
21	21		parties on behalf of all only if (1) the class is so 4
22	22		numerous that joinder of all members is impracticable, (2) 5
23	23		there are questions of law or fact common to the class, (3) 6
24	24		the claims or defense s of the representative parties are 7
25	25		typical of the claims or defenses of the class, and (4) the 8
26	26		representative parties will fairly and adequately protect 9
27	27		the interests of the class. 10
28	28		(b) Class Actions Maintainable. An action may be 11
29	29		maintained as a class action if the prerequisites of 12
30	30		subdivision (a) are satisfied, and in addition: 13
31	31		(1) the prosecution of separate actions by or against 14
32		-	individual members of the class would create a risk of 15
	32	+	individual members of the class would create a risk of 15 SS SCS SB 47 2
33	33		(A) inconsistent or varying adjudications with res pect 16
34		-	to individual members of the class which would establish 17 ~~SS SCS SB 47 2~~
	34	+	to individual members of the class which would establish 17
35	35		incompatible standards of conduct for the party opposing the 18
36	36		class, or 19
37	37		(B) adjudications with respect to individual members of 20
38	38		the class which would as a practical matter be dispositive 21
39	39		of the interests of the other members not parties to the 22
40	40		adjudications or substantially impair or impede their 23
41	41		ability to protect their interests; or 24
42	42		(2) the party opposing the class has acted or refused 25
43	43		to act on grounds generally applicable to the class, thereby 26
44	44		making appropriate final injunctive relief or corresponding 27
45	45		declaratory relief with respect to the class as a whole; or 28
46	46		(3) the court finds that the questions of law or fact 29
47	47		common to the members of the class predominate over any 30
48	48		questions affecting only individual members, and that a 31
49	49		class action is superior to other available methods for the 32
50	50		fair and efficient adjudication of the controversy. The 33
51	51		matters pertinent to the findings include: 34
52	52		(A) the interest of members of the class in 35
53	53		individually controlling the prosecution or defense of 36
54	54		separate actions; 37
55	55		(B) the extent and nature of any litigation concerning 38
56	56		the controversy already commenced by or against members of 39
57	57		the class; 40
58	58		(C) the desirability or undesir ability of concentrating 41
59	59		the litigation of the claims in the particular forum; 42
60	60		(D) the difficulties likely to be encountered in the 43
61	61		management of a class action. 44
62	62		(c) Determination by Order Whether Class Action to Be 45
63	63		Maintained - Notice - Judgment - Actions Conducted Partially 46
64		-	as Class Actions. 47
	64	+	as Class Actions. 47 SS SCS SB 47 3
65	65		(1) As soon as practicable after the commencement of an 48
66		-	action brought as a class action, the court shall determine 49 ~~SS SCS SB 47 3~~
	66	+	action brought as a class action, the court shall determine 49
67	67		by order whether it is to be so maintained. An order under 50
68	68		this Rule 52.08(c)(1 ) may be conditional and may be altered 51
69	69		or amended before the decision on the merits. 52
70	70		(2) In any class action maintained under Rule 53
71	71		52.08(b)(3), the court shall direct to the members of the 54
72	72		class the best notice practicable under the circumstances, 55
73	73		including individual notice to all members who can be 56
74	74		identified through reasonable effort. The notice shall 57
75	75		advise each member that: (A) the court will exclude the 58
76	76		member from the class if requested by a specified date; (B) 59
77	77		the judgment, whether fav orable or not, will include all 60
78	78		members who do not request exclusion; and (C) any member who 61
79	79		does not request exclusion may, if desired, enter an 62
80	80		appearance through counsel. 63
81	81		(3) The judgment in an action maintained as a class 64
82	82		action under Rule 52. 08(b)(1) or Rule 52.08(b)(2), whether 65
83	83		or not favorable to the class, shall include and describe 66
84	84		those whom the court finds to be members of the class. The 67
85	85		judgment in an action maintained as a class action under 68
86	86		Rule 52.08(b)(3), whether or not favorab le to the class, 69
87	87		shall include and specify or describe those to whom the 70
88	88		notice provided in Rule 52.08(c)(2) was directed, and who 71
89	89		have not requested exclusion, and whom the court finds to be 72
90	90		members of the class. 73
91	91		(4) When appropriate an action ma y be brought or 74
92	92		maintained as a class action with respect to particular 75
93	93		issues or a class may be divided into subclasses and each 76
94	94		subclass treated as a class, and the provisions of this Rule 77
95		-	52.08 shall then be construed and applied accordingly. 78
	95	+	52.08 shall then be construed and applied accordingly. 78 SS SCS SB 47 4
96	96		(d) Orders in Conduct of Actions. In the conduct of 79
97	97		actions to which this Rule applies, the court may make 80
98		-	appropriate orders: 81 ~~SS SCS SB 47 4~~
	98	+	appropriate orders: 81
99	99		(1) determining the course of proceedings or 82
100	100		prescribing measures to prevent undue repetition or 83
101	101		complication in the pres entation of evidence or argument; 84
102	102		(2) requiring, for the protection of the members of the 85
103	103		class or otherwise for the fair conduct of the action, that 86
104	104		notice be given in such manner as the court may direct to 87
105	105		some or all of the members of any step i n the action, or of 88
106	106		the proposed extent of the judgment, or of the opportunity 89
107	107		of members to signify whether they consider the 90
108	108		representation fair and adequate, to intervene and present 91
109	109		claims or defenses, or otherwise to come into the action; 92
110	110		(3) imposing conditions on the representative parties 93
111	111		or on intervenors; 94
112	112		(4) requiring that the pleadings be amended to 95
113	113		eliminate therefrom allegations as to representation of 96
114	114		absent persons, and that the action proceed accordingly; 97
115	115		(5) dealing with similar procedural matters. 98
116	116		The orders may be combined with an order under Rule 62, and 99
117	117		may be altered or amended as may be desirable from time to 100
118	118		time. 101
119	119		(e) Dismissal or Compromise. A class action shall not 102
120	120		be dismissed or compromised without t he approval of the 103
121	121		court, and notice of the proposed dismissal or compromise 104
122	122		shall be given to all members of the class in such manner as 105
123	123		the court directs. 106
124	124		(f) Appeals. An appellate court may permit an appeal 107
125	125		from an order of a circuit court gran ting or denying class 108
126		-	action certification under this Rule 52.08 if a petition is 109
	126	+	action certification under this Rule 52.08 if a petition is 109 SS SCS SB 47 5
127	127		timely filed as provided in Rule 84.035. The filing of a 110
128	128		petition shall not stay the proceedings in the trial court 111
129		-	unless the trial judge or the appellate court so ~~orders~~. ] 112 ~~SS SCS SB 47 5~~
	129	+	unless the trial judge or the appellate court so order s.] 112
130	130		(a) Prerequisites. One or more members of a class may 113
131	131		sue or be sued as representative parties on behalf of all 114
132	132		members only if: 115
133	133		(1) the class is so numerous that joinder of all 116
134	134		members is impracticable; 117
135	135		(2) there are questions of law or fact common to the 118
136	136		class; 119
137	137		(3) the claims or defenses of the representative 120
138	138		parties are typical of the claims or defenses of the class; 121
139	139		and 122
140	140		(4) the representative parties will fairly and 123
141	141		adequately protect the interests of the class. 124
142	142		(b) Types of Class Actions. A class action may be 125
143	143		maintained if Rule 52.08(a) is satisfied, and if: 126
144	144		(1) prosecuting separate actions by or against 127
145	145		individual class members would create a risk of: 128
146	146		(A) inconsistent or varying adjudications with r espect 129
147	147		to individual class members that would establish 130
148	148		incompatible standards of conduct for the party opposing the 131
149	149		class; or 132
150	150		(B) adjudications with respect to individual class 133
151	151		members that, as a practical matter, would be dispositive of 134
152	152		the interests of the other members not parties to the 135
153	153		individual adjudications or would substantially impair or 136
154	154		impede their ability to protect their interests; 137
155	155		(2) the party opposing the class has acted or refused 138
156	156		to act on grounds that apply generally t o the class, so that 139
157	157		final injunctive relief or corresponding declaratory relief 140
158		-	is appropriate respecting the class as a whole; or 141
	158	+	is appropriate respecting the class as a whole; or 141 SS SCS SB 47 6
159	159		(3) the court finds that the questions of law or fact 142
160	160		common to class members predominate over any questions 143
161		-	affecting only individual members, ~~a nd~~ that a class action 144 ~~SS SCS SB 47 6~~
	161	+	affecting only individual members, and that a class action 144
162	162		is superior to other available methods for fairly and 145
163	163		efficiently adjudicating the controversy. The matters 146
164	164		pertinent to these findings include: 147
165	165		(A) the class members' interests in individually 148
166	166		controlling the prosecution or defense of separate actions; 149
167	167		(B) the extent and nature of any litigation concerning 150
168	168		the controversy already begun by or against class members; 151
169	169		(C) the desirability or undesirability of concentrating 152
170	170		the litigation of the claims in the particular forum; and 153
171	171		(D) the likely difficulties in managing a class action. 154
172	172		(c) Certification Order - Notice to Class Members - 155
173	173		Judgment - Issues Classes - Subclasses. 156
174	174		(1) Certification Order. 157
175	175		(A) Time to Issue. At an early practicable time after a 158
176	176		person sues or is sued as a class representative, the court 159
177	177		shall determine by order whether to certify the action as a 160
178	178		class action. 161
179	179		(B) Defining the Class - Appointing Class Counsel. An 162
180	180		order that certifies a class action shall define the class 163
181	181		and the class claims, issues, or defenses, and shall appoint 164
182	182		class counsel under Rule 52.08(g). 165
183	183		(C) Altering or Amending the Order. An order that 166
184	184		grants or denies class certification may be altered or 167
185	185		amended before final judgment. 168
186	186		(2) Notice. 169
187	187		(A) For (b)(1) or (b)(2) Classes. For any class 170
188	188		certified under Rule 52.08(b)(1) or Rule 52.08(b)(2), the 171
189		-	court may direct appropriate notice to the class. 172
	189	+	court may direct appropriate notice to the class. 172 SS SCS SB 47 7
190	190		(B) For (b)(3) Classes. For any class certified under 173
191	191		Rule 52.08(b)(3), or upon ordering notice under Rule 174
192	192		52.08(e)(1) to a class proposed to be certified for purposes 175
193		-	of settlement under Rule 52.08(b)(3), the court shall direct 176 ~~SS SCS SB 47 7~~
	193	+	of settlement under Rule 52.08(b)(3), the court shall direct 176
194	194		to class members the best notice that is practicable under 177
195	195		the circumstances, including individual notice to all 178
196	196		members who can be identified through reasonable effort. The 179
197	197		notice may be by one or more of the following: United States 180
198	198		mail, electronic means, or other appropriate means. The 181
199	199		notice shall clearly and concis ely state in plain, easily 182
200	200		understood language: 183
201	201		(i) the nature of the action; 184
202	202		(ii) the definition of the class certified; 185
203	203		(iii) the class claims, issues, or defenses; 186
204	204		(iv) that a class member may enter an appearance 187
205	205		through an attorney if the member so desires; 188
206	206		(v) that the court will exclude from the class any 189
207	207		member who requests exclusion; 190
208	208		(vi) the time and manner for requesting exclusion; and 191
209	209		(vii) the binding effect of a class judgment on members 192
210	210		under Rule 52.08(c)(3). 193
211	211		(3) Judgment. Whether or not favorable to the class, 194
212	212		the judgment in a class action shall: 195
213	213		(A) for any class certified under Rule 52.08(b)(1) or 196
214	214		Rule 52.08(b)(2), include and describe those whom the court 197
215	215		finds to be class members; and 198
216	216		(B) for any class certified under Rule 52.08(b)(3), 199
217	217		include and specify or describe those to whom the notice 200
218	218		under Rule 52.08(c)(2) was directed, who have not requested 201
219		-	exclusion, and whom the court finds to be class members. 202
	219	+	exclusion, and whom the court finds to be class members. 202 SS SCS SB 47 8
220	220		(4) Particular Issues. When appropriate, an action may 203
221	221		be brought or maintained as a class action with respect to 204
222	222		particular issues. 205
223	223		(5) Subclasses. When appropriate, a class may be 206
224	224		divided into subclasses that are each treated as a class 207
225		-	under this Rule 52.08. 208 ~~SS SCS SB 47 8~~
	225	+	under this Rule 52.08. 208
226	226		(d) Conducting the Action. 209
227	227		(1) In General. In conducting an action under this Rule 210
228	228		52.08, the court may issue orders that: 211
229	229		(A) determine the course of proceedings or prescribe 212
230	230		measures to prevent undue repetition or complication in 213
231	231		presenting evidence or argument; 214
232	232		(B) require, to protect class members and fairly 215
233	233		conduct the action, giving appropriate notice to some or all 216
234	234		class members of: 217
235	235		(i) any step in the action; 218
236	236		(ii) the proposed extent of the judgment; or 219
237	237		(iii) the members' opportunity to signify whether they 220
238	238		consider the representation fair and adequate, to intervene 221
239	239		and present claims or defenses, or to otherwise come into 222
240	240		the action; 223
241	241		(C) impose conditions on the representative parties or 224
242	242		on intervenors; 225
243	243		(D) require that the pleadings be amended to eliminate 226
244	244		allegations about representation of absent persons and that 227
245	245		the action proceed accordingly; or 228
246	246		(E) deal with similar procedural matters. 229
247	247		(2) Combining and Amending Orders. An order und er Rule 230
248	248		52.08(d)(1) may be altered or amended from time to time and 231
249	249		may be combined with an order under Rule 62.01. 232
250	250		(e) Settlement, Voluntary Dismissal, or Compromise. The 233
251		-	claims, issues, or defenses of a certified class, or a class 234
	251	+	claims, issues, or defenses of a certified class, or a class 234 SS SCS SB 47 9
252	252		proposed to be certified for purposes of settlement, may be 235
253	253		settled, voluntarily dismissed, or compromised only with the 236
254	254		court's approval. The following procedures apply to a 237
255	255		proposed settlement, voluntary dismissal, or compromise: 238
256		-	(1) Notice to the Class. 239 ~~SS SCS SB 47 9~~
	256	+	(1) Notice to the Class. 239
257	257		(A) Information That Parties Shall Provide to the 240
258	258		Court. The parties shall provide the court with information 241
259	259		sufficient to enable it to determine whether to give notice 242
260	260		of the proposal to the class. 243
261	261		(B) Grounds for a Decision to Give Notice. The c ourt 244
262	262		shall direct notice in a reasonable manner to all class 245
263	263		members who would be bound by the proposal if giving notice 246
264	264		is justified by the parties' showing that the court will 247
265	265		likely be able to: 248
266	266		(i) approve the proposal under Rule 52.08(e)(2); a nd 249
267	267		(ii) certify the class for purposes of judgment on the 250
268	268		proposal. 251
269	269		(2) Approval of the Proposal. If the proposal would 252
270	270		bind class members, the court may approve it only after a 253
271	271		hearing and only on finding that it is fair, reasonable, and 254
272	272		adequate after considering whether: 255
273	273		(A) the class representatives and class counsel have 256
274	274		adequately represented the class; 257
275	275		(B) the proposal was negotiated at arm's length; 258
276	276		(C) the relief provided for the class is adequate, 259
277	277		taking into account: 260
278	278		(i) the costs, risks, and delay of trial and appeal; 261
279	279		(ii) the effectiveness of any proposed method of 262
280	280		distributing relief to the class, including the method of 263
281	281		processing class-member claims; 264
282	282		(iii) the terms of any proposed award of atto rney's 265
283		-	fees, including timing of payment; and 266
	283	+	fees, including timing of payment; and 266 SS SCS SB 47 10
284	284		(iv) any agreement required to be identified under Rule 267
285	285		52.08(e)(3); and 268
286	286		(D) the proposal treats class members equitably 269
287		-	relative to each other. 270 ~~SS SCS SB 47 10~~
	287	+	relative to each other. 270
288	288		(3) Identifying Agreements. The parties seeking 271
289	289		approval shall file a statement identifying any agreement 272
290	290		made in connection with the proposal. 273
291	291		(4) New Opportunity to Be Excluded. If the class action 274
292	292		was previously certified under Rule 52.08(b)(3), the court 275
293	293		may refuse to approve a settlement unless it affords a new 276
294	294		opportunity to request exclusion to individual class members 277
295	295		who had an earlier opportunity to request exclusion but did 278
296	296		not do so. 279
297	297		(5) Class-Member Objections. 280
298	298		(A) In General. Any class member may object to the 281
299	299		proposal if it requires court approval under this Rule 282
300	300		52.08(e). The objection shall state whether it applies only 283
301	301		to the objector, to a specific subset of the class, or to 284
302	302		the entire class, and also state with specificity the 285
303	303		grounds for the objection. 286
304	304		(B) Court Approval Required for Payment in Connection 287
305	305		with an Objection. Unless approved by the court after a 288
306	306		hearing, no payment or other consideration may be provided 289
307	307		in connection with: 290
308	308		(i) forgoing or withdrawing an objection; or 291
309	309		(ii) forgoing, dismissing, or abandoning an appeal from 292
310	310		a judgment approving the proposal. 293
311	311		(f) Appeals. A court of appeals may permit an appeal 294
312	312		from an order granting or denying class -action certification 295
313	313		under this Rule 52.08, but not from an order under Rule 296
314		-	52.08(e)(1). An appeal ~~d oes~~ not stay the proceedings in the 297
	314	+	52.08(e)(1). An appeal does not stay the proceedings in the 297 SS SCS SB 47 11
315	315		trial court unless the trial judge or the court of appeals 298
316	316		so orders. 299
317		-	(g) Class Counsel. 300 ~~SS SCS SB 47 11~~
	317	+	(g) Class Counsel. 300
318	318		(1) Appointing Class Counsel. Unless a statute provides 301
319	319		otherwise, a court that certifie s a class shall appoint 302
320	320		class counsel. In appointing class counsel, the court: 303
321	321		(A) shall consider: 304
322	322		(i) the work counsel has done in identifying or 305
323	323		investigating potential claims in the action; 306
324	324		(ii) counsel's experience in handling class ac tions, 307
325	325		other complex litigation, and the types of claims asserted 308
326	326		in the action; 309
327	327		(iii) counsel's knowledge of the applicable law; and 310
328	328		(iv) the resources that counsel will commit to 311
329	329		representing the class; 312
330	330		(B) may consider any other matter pertinent to 313
331	331		counsel's ability to fairly and adequately represent the 314
332	332		interests of the class; 315
333	333		(C) may order potential class counsel to provide 316
334	334		information on any subject pertinent to the appointment and 317
335	335		to propose terms for attorney's fees and no ntaxable costs; 318
336	336		(D) may include in the appointing order provisions 319
337	337		about the award of attorney's fees or nontaxable costs under 320
338	338		Rule 52.08(h); and 321
339	339		(E) may make further orders in connection with the 322
340	340		appointment. 323
341	341		(2) Standard for Appointing Class Counsel. When one 324
342	342		applicant seeks appointment as class counsel, the court may 325
343	343		appoint that applicant only if the applicant is adequate 326
344	344		under Rule 52.08(g)(1) and Rule 52.08(g)(4). If more than 327
345		-	one adequate applicant seeks appointment, the court shall 328
	345	+	one adequate applicant seeks appointment, the court shall 328 SS SCS SB 47 12
346	346		appoint the applicant best able to represent the interests 329
347		-	of the class. 330 ~~SS SCS SB 47 12~~
	347	+	of the class. 330
348	348		(3) Interim Counsel. The court may designate interim 331
349	349		counsel to act on behalf of a putative class before 332
350	350		determining whether to certify the action as a class action. 333
351	351		(4) Duty of Class Counsel. Class counsel shall fairly 334
352	352		and adequately represent the interests of the class. 335
353	353		(h) Attorney's Fees and Nontaxable Costs. In a 336
354	354		certified class action, the court may award reasonable 337
355	355		attorney's fees and nontaxable costs that are authorized by 338
356	356		law or by the parties' agreement. The following procedures 339
357	357		apply: 340
358	358		(1) A claim for an award shall be made by motion under 341
359	359		Rule 74.16, subject to the provisions of this Rule 52.08(h), 342
360	360		at a time the court sets. Notice of the m otion shall be 343
361	361		served on all parties and, for motions by class counsel, 344
362	362		directed to class members in a reasonable manner. 345
363	363		(2) A class member, or a party from whom payment is 346
364	364		sought, may object to the motion. 347
365	365		(3) The court may hold a hearing an d shall find the 348
366	366		facts and state its legal conclusions. 349
367	367		(4) The court may refer issues related to the amount of 350
368	368		the award to a special master. 351
369	369		