State Codes and Statutes

Statutes > Utah > Title-13 > Chapter-11 > 13-11-21

13-11-21. Settlement of class action -- Complaint in class action delivered toenforcing authority.
(1) (a) A defendant in a class action may file a written offer of settlement. If it is notaccepted within a reasonable time by a plaintiff class representative, the defendant may file anaffidavit reciting the rejection. The court may determine that the offer has enough merit topresent to the members of the class. If it so determines, it shall order a hearing to determinewhether the offer should be approved. It shall give the best notice of the hearing that ispracticable under the circumstances, including notice to each member who can be identifiedthrough reasonable effort. The notice shall specify the terms of the offer and a reasonable periodwithin which members of the class who request it are entitled to be included in the class. Thestatute of limitations for those who are excluded pursuant to this Subsection (1) is tolled for theperiod the class action has been pending, plus an additional year.
(b) If a member who has previously lost an opportunity to be excluded from the class isexcluded at his request in response to notice of the offer of settlement during the period specifiedunder Subsection (1)(a), he may not thereafter participate in a class action for damages respectingthe same consumer transaction, unless the court later disapproves the offer of settlement orapproves a settlement materially different from that proposed in the original offer of settlement. After the expiration of the period of limitations, a member of the class is not entitled to beexcluded from it.
(c) If the court later approves the offer of settlement, including changes, if any, requiredby the court in the interest of a just settlement of the action, it shall enter judgment, which isbinding on all persons who are then members of the class. If the court disapproves the offer orapproves a settlement materially different from that proposed in the original offer, notice shall begiven to a person who was excluded from the action at his request in response to notice of theoffer under Subsection (1)(a), and he is entitled to rejoin the class and, in the case of theapproval, participate in the settlement.
(2) On the commencement of a class action under Section 13-11-19, the classrepresentative shall mail by certified mail with return receipt requested or personally serve a copyof the complaint on the enforcing authority. Within 30 days after the receipt of a copy of thecomplaint, but not thereafter, the enforcing authority may intervene in the class action.

Amended by Chapter 324, 2010 General Session