| name | fairness-hearing-notice |
| description | Drafts FRCP 23(e)-compliant class action fairness hearing notices. Extracts settlement terms, class definition, deadlines, and court-mandated language from case documents to produce plain-language notices satisfying due process. Use when drafting settlement notices, fairness hearing notices, class action notice of proposed settlement, or CAFA notices. |
Class Action Fairness Hearing Notice
Drafts a FRCP 23(e)-compliant notice informing class members of a proposed settlement, their rights, and the fairness hearing.
Prerequisites
Gather before drafting:
- Settlement agreement — class definition, fund amount, distribution formula, release scope, fee provisions, cy pres/reversion
- Preliminary approval order — verbatim language, deadlines, formatting mandates
- Class certification order — class definition, named representatives
- Complaint/key filings — claims summary, procedural history
- Court logistics — hearing date/time, courtroom, virtual access, judge, caption format
Extraction Checklist
Extract from source documents before drafting. Flag missing items to the user.
| Item | Source |
|---|
| Case number, caption, court, judge | Prelim. approval order |
| Exact class definition | Settlement + certification order |
| Settlement fund / benefit value | Settlement agreement |
| Payment calculation method | Settlement agreement |
| Claims process (claims-made vs. automatic) | Settlement agreement |
| Claim form requirements + deadline | Settlement / exhibits |
| Opt-out deadline + procedure | Prelim. approval order |
| Objection deadline + procedure | Prelim. approval order |
| Hearing date, time, location | Prelim. approval order |
| Attorney fee amount/percentage | Settlement agreement |
| Incentive awards for reps | Settlement agreement |
| Non-monetary relief | Settlement agreement |
| Release scope | Settlement agreement |
| Cy pres / reversion terms | Settlement agreement |
| Admin costs allocation | Settlement agreement |
| Verbatim court-required language | Prelim. approval order |
| Translation/format requirements | Prelim. approval order |
| Settlement website URL | Claims admin info |
Notice Structure
1. Caption & Header
- Full court caption per jurisdictional format
- Title: "Notice of Proposed Class Action Settlement and Fairness Hearing" (or court-specified)
- Attention line: "LEGAL NOTICE: Your Rights May Be Affected by a Proposed Class Action Settlement"
- Opening: plain-language explanation of settlement, preliminary approval, class membership; include "This is not a lawsuit against you."
2. Case Background
- Allegations in plain language
- Defendant's position (deny liability)
- Procedural history: filing → certification → settlement
- Frame as compromise avoiding litigation risk
3. Settlement Terms
| Component | Include |
|---|
| Total value | Amount or benefit description |
| Individual payments | Formula, range, examples |
| Claims process | Type, required docs, deadline |
| Non-monetary relief | Injunctive terms, practice changes |
| Attorney fees | Amount/%; subject to court approval |
| Incentive awards | Amounts for named plaintiffs |
| Admin costs | Who pays; from fund or separate |
| Unclaimed funds | Reversion / cy pres |
4. Class Definition
- Verbatim definition from settlement agreement
- Plain-language breakdown of each element
- Address common membership questions
5. Fairness Hearing
- Exact date/time, full address, courtroom, virtual access if applicable
- Purpose: court determines fairness; rules on fees and incentive awards
- Note date may change; provide methods to check schedule
6. Class Member Options
Present three options:
Option 1 — Submit Claim / Do Nothing (Stay in Settlement)
- How to receive benefits; claim form + deadline
- Consequence: bound by settlement and release
Option 2 — Opt Out (Exclude Yourself)
- Written exclusion: name, address, signature, exclusion statement
- Send to claims administrator by deadline (postmark/receipt)
- Consequence: no benefits, retain individual claims; cannot also object
Option 3 — Object (Stay in Class, Challenge Terms)
- Must NOT opt out
- Written objection to court clerk: case info, objector details, statement, supporting docs, signature
- Serve copies on class counsel and defense counsel by deadline
- May appear at hearing but not required
7. Release of Claims
- Plain-language description with examples of released claims
- Reference settlement agreement for complete language
- All non-opt-out members bound regardless of action taken
- Final after approval + appeal resolution
8. Contact Information
| Resource | Include |
|---|
| Class counsel | Name, firm, address, phone, email |
| Claims admin | Name, address, phone, email, website |
| Settlement website | URL + available documents |
| Paper copies | How to request |
| Court clerk | Address (file review only) |
Include: "Do not contact the judge or court staff with settlement questions."
9. Disclaimers
- Notice issued by court order; not expression of court opinion on merits
- Preliminary approval ≠ final fairness determination
- Tax: payments may be taxable; consult own advisor
- Notice is summary; settlement agreement controls if inconsistent
Drafting Rules
- Plain language: define legal terms on first use; active voice; short sentences; no Latin
- Bold all deadlines; use headings, bullets, numbered steps
- Verbatim language: reproduce court-mandated text exactly as ordered
- Readability: comply with court-specified font, translation, or summary requirements
- Due process: notice must enable informed decisions on participating, opting out, or objecting
- For state actions, flag applicable state rule equivalents — verify specific rules with user
Final Checks
