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This entry was published on 2014-09-22
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SECTION 904
Notice of class action
Civil Practice Law & Rules (CVP) CHAPTER 8, ARTICLE 9
§ 904. Notice of class action. (a) In class actions brought primarily
for injunctive or declaratory relief, notice of the pendency of the
action need not be given to the class unless the court finds that notice
is necessary to protect the interests of the represented parties and
that the cost of notice will not prevent the action from going forward.

(b) In all other class actions, reasonable notice of the commencement
of a class action shall be given to the class in such manner as the
court directs.

(c) The content of the notice shall be subject to court approval. In
determining the method by which notice is to be given, the court shall
consider

I. the cost of giving notice by each method considered

II. the resources of the parties and

III. the stake of each represented member of the class, and the
likelihood that significant numbers of represented members would desire
to exclude themselves from the class or to appear individually, which
may be determined, in the court's discretion, by sending notice to a
random sample of the class.

(d) I. Preliminary determination of expenses of notification. Unless
the court orders otherwise, the plaintiff shall bear the expense of
notification. The court may, if justice requires, require that the
defendant bear the expense of notification, or may require each of them
to bear a part of the expense in proportion to the likelihood that each
will prevail upon the merits. The court may hold a preliminary hearing
to determine how the costs of notice should be apportioned.

II. Final determination. Upon termination of the action by order or
judgment, the court may, but shall not be required to, allow to the
prevailing party the expenses of notification as taxable disbursements
under article eighty-three of the civil practice law and rules.