Effective August 28, 2025, Missouri will implement revisions to its class action framework through the enactment of Senate Bill 47 (SB 47). These revisions amend Missouri Supreme Court Rule 52.08 to more closely track Federal Rule of Civil Procedure 23, promoting consistency between state and federal class action standards.
Specific Requirements for Certification Orders
Under the revised Missouri rule, any order certifying a class must define the class claims, issues, or defenses to be adjudicated on a classwide basis, consistent with Federal Rule of Civil Procedure 23(c). The revised rule also adopts the federal standard requiring that orders granting or denying class certification be issued "at an early practicable time" after commencement of the action.
Expanded Class Notice Standards
The newly adopted language in Missouri Supreme Court Rule 52.08 significantly expands both the content and delivery requirements for notice in (b)(3) class actions. While the rule continues to require "the best notice that is practicable under the circumstances," it now specifies acceptable methods of delivery—including U.S. mail and electronic means—and mandates that the notice be written in clear, concise, and plain language. It also adopts the seven specific notice elements required under Federal Rule of Civil Procedure 23(c)(2).
Court Approval of Settlements
The prior version of Missouri Supreme Court Rule 52.08 simply required that the court direct notice to class members and approve dismissed or settled class actions. The amended version incorporates Federal Rule of Civil Procedure 23(e), expressly providing class members an opportunity to object to a proposed settlement and requiring a fairness hearing. Before granting approval under the revised rule, a court must make an affirmative finding that the proposed settlement is fair, reasonable, and adequate. In making this determination, a court must consider, e.g., the adequacy of class representation, whether the settlement was negotiated at arm's length, the scope and method of relief to the class, any proposed attorneys' fees and side agreements, and the equitable treatment of class members.
New Procedures for Attorney Fee and Cost Awards
Amended Missouri Supreme Court Rule 52.08 adds a new section on attorneys' fees and nontaxable costs in certified class actions, similar to Federal Rule of Civil Procedure 23(h). Under this new provision, courts may award reasonable attorneys' fees and nontaxable costs authorized by law or agreement. Fee requests must be made by motion under Missouri Supreme Court Rule 74.16, with notice provided to all parties and, when filed by class counsel, to class members. Class members and parties subject to the fee request may object, and the court may hold a hearing and enter findings of fact and conclusions of law. The court can also refer fee issues to a special master.
Additional language from Federal Rule of Civil Procedure 23 has been incorporated into Missouri Supreme Court Rule 52.08, including provisions addressing the types of class actions, and the availability of interlocutory appeals. While these features were present in the prior rule, the adoption of the federal rule's specific language adds clarity and promotes greater consistency between the state and federal class action frameworks.
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