Duhaime's Law Dictionary


Certification Definition:

A procedural first step in class action litigation in which a court determines if the action at issue is amenable to class action proceedings.

Related Terms: Class Action

The many authors of Class Actions Law and Practice describe certification as follows:

"The certification stage is the first critical step in a class proceeding. It is at this stage that a court will decide whether the matter should be permitted to proceed as a class proceeding.

"Certification of a proceeding is a procedural step. The issue at the certification stage is whether the proceeding is appropriately prosecuted as a class proceeding. The certification stage is not intended to be a determination of the merits. The judge, at the certification stage, is asked whether the plaintiff has demonstrated that the action meets the statutory (or common law) requirements for certification from a procedural perspective."

 

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