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Senate adopts change to class action timing, aligning state rule with federal practice
Summary
Senate substitute for Senate Bill 47, a measure changing timing for class certification under the Missouri rule to conform with federal practice, passed third reading after the sponsor said the change moves class certification earlier in litigation.
Senate substitute for Senate committee substitute for Senate Bill 47, a measure to change the timing at which class certification is considered under state procedure, passed the Senate on third reading.
The sponsor, identified as the senator from the Twentieth District, told colleagues the bill conforms the Missouri rule to the federal rule by making class certification an early, operable milestone so that courts can decide certification before costly litigation proceeds. "We want that to be as early at the beginning of the process as possible," he said, adding the change aims to prevent expensive litigation when class certification will ultimately be denied.
No senators rose for extended debate after the sponsor's explanation. The clerk called the roll and the chair announced the titling and perfecting motions had received a constitutional majority. Later in the record the clerk reported the vote as 27 ayes and 5 noes on the motion.
The transcript indicates the bill was debated on the floor with explanation from the sponsor, and then passed by the chamber with a recorded minority of no votes. The record does not include text of the implementing rule amendment beyond the sponsor’s summary and does not include an effective date in the excerpt.
