Rule 3.768. Discovery from unnamed class members

(a) Types of discovery permitted The following types of discovery may be sought, through service of a subpoena and without a court order, from a member of a class who is not a party representative or who has not appeared:

(1) An oral deposition;

(2) A written deposition; and

(3) A deposition for production of business records and things.

(b) Motion for protective order A party representative, deponent, or other affected person may move for a protective order to preclude or limit the discovery.

(c) Interrogatories require court order A party may not serve interrogatories on a member of a class who is not a party representative or who has not appeared, without a court order.

(d) Determination by court In deciding whether to allow the discovery requested under (a) or (c), the court must consider, among other relevant factors:

(1) The timing of the request;

(2) The subject matter to be covered;

(3) The materiality of the information being sought;

(4) The likelihood that class members have such information;

(5) The possibility of reaching factual stipulations that eliminate the need for such discovery;

(6) Whether class representatives are seeking discovery on the subject to be covered; and

(7) Whether discovery will result in annoyance, oppression, or undue burden or expense for the members of the class.

Committee Notes

(Subd (d) amended effective January 1, 2007.)