Fairness Hearing Notice
Generates a plain-language class action settlement notice that satisfies due process requirements under FRCP 23(e) or state equivalents.
Prerequisites
Gather before drafting:
- Settlement agreement — all material terms
- Class definition — certified or proposed for settlement
- Preliminary approval order — court order setting hearing and approving notice
- Notice plan — approved distribution methods (mail, email, publication, website)
- Key dates — opt-out deadline, objection deadline, hearing date/location
- Claims process — claim form and procedures (if claims-made)
- Class counsel contact info — for class member inquiries
Notice Structure
1. Header and Summary
- Case name, number, court
- Bold lead: "A proposed settlement has been reached. You may be affected."
- Plain-language class member description
- Key dates table (prominent):
| Action |
Deadline |
| Submit claim |
[date] |
| Opt out |
[date] |
| File objection |
[date] |
| Fairness hearing |
[date, time, location] |
2. Case Background
- What plaintiffs alleged and defendant's position — plain language, no jargon
- Why the parties are settling
3. Class Definition
- Who is included, in plain language
- How to determine membership; contact info for questions
4. Settlement Terms
- Total value and per-member amount or formula
- Payment timing/method
- Non-monetary relief (policy changes, injunctive relief) if any
- Claim process: how to file, deadline, required docs
- Claims-made vs. automatic distribution — what happens if no claim is filed
5. Class Member Options
Present four paths clearly:
Submit a Claim (if claims-made) — how, deadline, expected benefit
Opt Out (Exclude Yourself) — preserves individual right to sue; receives nothing from settlement. Must send written request with required content by deadline.
Object — remain a class member but contest terms. Written objection with required content filed/sent by deadline. May appear at hearing personally or through counsel.
Do Nothing — bound by settlement, release claims. Receives benefit (if automatic) or nothing (if claims-made without filing).
6. Fees, Costs, and Service Awards
- Amount class counsel will request and payment source (fund vs. defendant)
- Service award amounts for class representatives
7. Release of Claims
- Plain-language scope of release
- Warning: released claims cannot be pursued later
8. Fairness Hearing Details
- Date, time, location (courtroom)
- What the court will decide
- Whether class members may appear/speak
- How to get updates if hearing is rescheduled
9. Contact Information
- Settlement website, toll-free number
- Class counsel, settlement administrator address
- Court clerk (for reviewing filed documents)
Drafting Rules
- 6th–8th grade reading level — short sentences, simple words
- Bold all dates and deadlines
- Use FAQ format where possible
- Define any legal term you must use
- Include all languages required by preliminary approval order
- Comply exactly with court-specific notice requirements
- Consider ADA accessibility for digital formats
Pitfalls
- Incomplete options section — all four paths (claim, opt out, object, do nothing) must be covered with deadlines and consequences
- Jargon creep — this is a due process document for non-lawyers; plain language is mandatory
- Missing release language — class members must understand what claims they give up
- Ignoring preliminary approval order — court may impose specific notice content or format requirements; mirror them exactly
1---2name: class-action-fairness-hearing3description: Drafts FRCP 23(e)-compliant fairness hearing notices for class action settlements. Covers settlement terms, opt-out rights, objection procedures, and hearing logistics. Use when notifying class members of a proposed settlement pending court approval.4---5
6# Fairness Hearing Notice
7
8Generates a plain-language class action settlement notice that satisfies due process requirements under FRCP 23(e) or state equivalents.
9
10## Prerequisites
11
12Gather before drafting:
13
141. **Settlement agreement** — all material terms
152. **Class definition** — certified or proposed for settlement
163. **Preliminary approval order** — court order setting hearing and approving notice
174. **Notice plan** — approved distribution methods (mail, email, publication, website)
185. **Key dates** — opt-out deadline, objection deadline, hearing date/location
196. **Claims process** — claim form and procedures (if claims-made)
207. **Class counsel contact info** — for class member inquiries
21
22## Notice Structure
23
24### 1. Header and Summary
25
26- Case name, number, court
27- Bold lead: "A proposed settlement has been reached. You may be affected."
28- Plain-language class member description
29- **Key dates table** (prominent):
30
31| Action | Deadline |
32|--------|----------|
33| Submit claim | [date] |
34| Opt out | [date] |
35| File objection | [date] |
36| Fairness hearing | [date, time, location] |
37
38### 2. Case Background
39
40- What plaintiffs alleged and defendant's position — plain language, no jargon
41- Why the parties are settling
42
43### 3. Class Definition
44
45- Who is included, in plain language
46- How to determine membership; contact info for questions
47
48### 4. Settlement Terms
49
50- Total value and per-member amount or formula
51- Payment timing/method
52- Non-monetary relief (policy changes, injunctive relief) if any
53- Claim process: how to file, deadline, required docs
54- Claims-made vs. automatic distribution — what happens if no claim is filed
55
56### 5. Class Member Options
57
58Present four paths clearly:
59
60**Submit a Claim** (if claims-made) — how, deadline, expected benefit
61
62**Opt Out (Exclude Yourself)** — preserves individual right to sue; receives nothing from settlement. Must send written request with required content by deadline.
63
64**Object** — remain a class member but contest terms. Written objection with required content filed/sent by deadline. May appear at hearing personally or through counsel.
65
66**Do Nothing** — bound by settlement, release claims. Receives benefit (if automatic) or nothing (if claims-made without filing).
67
68### 6. Fees, Costs, and Service Awards
69
70- Amount class counsel will request and payment source (fund vs. defendant)
71- Service award amounts for class representatives
72
73### 7. Release of Claims
74
75- Plain-language scope of release
76- Warning: released claims cannot be pursued later
77
78### 8. Fairness Hearing Details
79
80- Date, time, location (courtroom)
81- What the court will decide
82- Whether class members may appear/speak
83- How to get updates if hearing is rescheduled
84
85### 9. Contact Information
86
87- Settlement website, toll-free number
88- Class counsel, settlement administrator address
89- Court clerk (for reviewing filed documents)
90
91## Drafting Rules
92
93- **6th–8th grade reading level** — short sentences, simple words
94- Bold all dates and deadlines
95- Use FAQ format where possible
96- Define any legal term you must use
97- Include all languages required by preliminary approval order
98- Comply exactly with court-specific notice requirements
99- Consider ADA accessibility for digital formats
100
101## Pitfalls
102
103- **Incomplete options section** — all four paths (claim, opt out, object, do nothing) must be covered with deadlines and consequences
104- **Jargon creep** — this is a due process document for non-lawyers; plain language is mandatory
105- **Missing release language** — class members must understand what claims they give up
106- **Ignoring preliminary approval order** — court may impose specific notice content or format requirements; mirror them exactly
CaseMark