RULE CR 23
                          CLASS ACTIONS


    (a) Prerequisites to a Class Action. One or more members of a class may
sue or be sued as representative parties on behalf of all only if (1) the
class is so numerous that joinder of all members is impracticable, (2)
there are questions of law or fact common to the class, (3) the claims or
defenses of the representative parties are typical of the claims or
defenses of the class, and (4) the representative parties will fairly and
adequately protect the interests of the class.

    (b) Class Actions Maintainable. An action may be maintained as a class
action if the prerequisites of section (a) are satisfied, and in addition:

    (1) The prosecution of separate actions by or against individual
members of the class would create a risk of

    (A) inconsistent or varying adjudications with respect to individual
members of the class which would establish incompatible standards of
conduct for the party opposing the class, or

    (B) adjudications with respect to individual members of the class which
would as a practical matter be dispositive of the interests of the other
members not parties to the adjudications or substantially impair or impede
their ability to protect their interest; or

    (2) The party opposing the class has acted or refused to act on grounds
generally applicable to the class, thereby making appropriate final
injunctive relief or corresponding declaratory relief with respect to the
class as a whole; or

    (3) The court finds that the questions of law or fact common to the
members of the class predominate over any questions affecting only
individual members, and that a class action is superior to other available
methods for the fair and efficient adjudication of the controversy. The
matters pertinent to the findings include: (A) the interest of members of
the class in individually controlling the prosecution or defense of
separate actions; (B) the extent and nature of any litigation concerning
the controversy already commenced by or against members of the class; (C)
the desirability or undesirability of concentrating the litigation of the
claims in the particular forum; (D) the difficulties likely to be
encountered in the management of a class action.

    (c) Determination by Order Whether Class Action To Be Maintained;
Notice; Judgment; Actions Conducted Partially as Class Actions.

    (1) As soon as practicable after the commencement of an action brought
as a class action, the court shall determine by order whether it is to be
so maintained. An order under this subsection may be conditional, and may
be altered or amended before the decision on the merits.

    (2) In any class action maintained under subsection (b)(3), the court
shall direct to the members of the class the best notice practicable under
the circumstances, including individual notice to all members who can be
identified through reasonable effort. The notice shall advise each member
that (A) the court will exclude him from the class if he so requests by a
specified date; (B) the judgment, whether favorable or not, will include
all members who do not request exclusion; and (C) any member who does not
request exclusion may, if he desires, enter an appearance through his counsel.

    (3) The judgment in an action maintained as a class action under
subsection (b)(1) or (b)(2), whether or not favorable to the class, shall
include and describe those whom the court finds to be members of the class.
The judgment in an action maintained as a class action under subsection
(b)(3), whether or not favorable to the class, shall include and specify or
describe those to whom the notice provided in subsection (c)(2) was
directed, and who have not requested exclusion, and whom the court finds to
be members of the class.

    (4) When appropriate, (A) an action may be brought or maintained as a
class action with respect to particular issues, or (B) a class may be
divided into subclasses and each subclass treated as a class, and the
provisions of this rule shall then be construed and applied accordingly.

    (d) Orders in Conduct of Actions. In the conduct of actions to which
this rule applies, the court may make appropriate orders: (1) determining
the course of proceedings or prescribing measures to prevent undue
repetition or complication in the presentation of evidence or argument; (2)
requiring, for the protection of the members of the class or otherwise for
the fair conduct of the action, that notice be given in such manner as the
court may direct to some or all of the members of any step in the action,
or of the proposed extent of the judgment, or of the opportunity of members
to signify whether they consider the representation fair and adequate, to
intervene and present claims or defenses, or otherwise to come into the
action; (3) imposing conditions on the representative parties or on
intervenors; (4) requiring that the pleadings be amended to eliminate
therefrom allegations as to representation of absent persons, and that the
action proceed accordingly; (5) dealing with similar procedural matters.
The orders may be combined with an order under rule 16, and may be altered
or amended as may be desirable from time to time.

    (e) Dismissal or Compromise. A class action shall not be dismissed or
compromised without the approval of the court, and notice of the proposed
dismissal or compromise shall be given to all members of the class in such
manner as the court directs.

    (f) Disposition of Residual Funds.

    (1) "Residual Funds" are funds that remain after the payment of all
approved class member claims, expenses, litigation costs, attorneys' fees,
and other court-approved disbursements to implement the relief granted.
Nothing in this rule is intended to limit the parties to a class action
from suggesting, or the trial court from approving, a settlement that does
not create residual funds.

    (2) Any order entering a judgment or approving a proposed compromise of
a class action certified under this rule that establishes a process for
identifying and compensating members of the class shall provide for the
disbursement of residual funds.  In matters where the claims process has
been exhausted and residual funds remain, not less than twenty-five percent
(25%) of the residual funds shall be disbursed to the Legal Foundation of
Washington to support activities and programs that promote access to the
civil justice system for low income residents of Washington State.  The
court may disburse the balance of any residual funds beyond the minimum
percentage to the Legal Foundation of Washington or to any other entity for
purposes that have a direct or indirect relationship to the objectives of
the underlying litigation or otherwise promote the substantive or
procedural interests of members of the certified class.


[Adopted effective July 1, 1967; amended effective January 3, 2006.]