Generally, before a court certifies a
class action, it must conclude that there
are too many class members for them all to
be named as parties in the lawsuit. This is
the "numerosity" requirement discussed
above. Technically, class members do not
"join" in the litigation, but decide to
participate by not "opting out." It is only
in rare instances that a suit is filed as an
"opt in" class action. In those rare
instances, a claim form or request to join
form may be necessary.
Ordinarily, the
notice issued to class members in the usual
suit for money damages will tell the class
members if they need to take any action to
participate. In a suit for money damages,
any class member who does not "opt out" may
be bound by the results of the litigation if
it proceeds as a class action. If a class
member should determine, however, that he
wants to participate in the suit as a named
party, he may hire his own lawyer and seek
to "intervene" (participate) in the lawsuit.
