What governs the maintenance of a class action in federal court?

Get ready for the BPS I Civil Procedure Test. Utilize flashcards and multiple-choice questions with detailed explanations to boost your preparation. Excel in your exam!

The maintenance of a class action in federal court is governed by federal law, specifically Rule 23 of the Federal Rules of Civil Procedure. This rule outlines the requirements for initiating and maintaining a class action, including the prerequisites for class certification such as numerosity, commonality, typicality, and adequacy of representation. Federal law provides a comprehensive framework to ensure that the rights of both class members and defendants are protected during the litigation process.

In contrast to federal law, state law might apply in state court class actions but does not dictate the rules for class actions within the federal system. Similarly, common law does not impose specific class action requirements but instead provides a historical basis for various legal doctrines. Local regulations may influence procedural aspects in specific jurisdictions but do not govern class actions at the federal level, which adhere strictly to the guidelines set forth by federal law.

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