Civil Procedure Multistate Bar Practice Exam

What is the deadline to seek review of a class action certification order?

1. 7 days

2. 14 days

3. 30 days

4. 60 days

The correct answer is: 14 days

In class action litigation, the Federal Rules of Civil Procedure establish specific timelines for appealing various types of orders. When it comes to class action certification, the relevant rule is Rule 23(f), which states that a party may seek interlocutory appeal of a certification order within 14 days of the order being issued. This 14-day timeframe is crucial because it allows parties to challenge the certification before the case proceeds, potentially saving resources and time if the certification was improper. The option of seeking review within this short period emphasizes the importance of maintaining the proper boundaries of class actions and ensures that the class action mechanism is used appropriately. Hence, the correctness of choosing 14 days aligns with the federal rules governing class actions, reflecting an understanding of the procedural framework established by the courts.