State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_1A > GS_1A-1__Rule_23

Rule 23. Class actions.

(a)        Representation. – Ifpersons constituting a class are so numerous as to make it impracticable tobring them all before the court, such of them, one or more, as will fairlyinsure the adequate representation of all may, on behalf of all, sue or besued.

(b)        Secondary action byshareholders. – In an action brought to enforce a secondary right on the partof one or more shareholders or members of a corporation or an unincorporatedassociation because the corporation or association refuses to enforce rightswhich may properly be asserted by it, the complaint shall be verified by oath.

(c)        Dismissal orcompromise. – A class action shall not be dismissed or compromised without theapproval of the judge. In an action under this rule, notice of a proposeddismissal or compromise shall be given to all members of the class in suchmanner as the judge directs.

(d)        Tax Class Actions.– In addition to all of the requirements set out in this rule, a class actionseeking the refund of a State tax paid due to an alleged unconstitutionalstatute may be brought and maintained only as provided in G.S. 105‑241.18. (1967, c. 954,s. 1; 2008‑107, s. 28.28(a).)