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name: fairness-hearing-notice language: en 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:

1. Settlement agreement — class definition, fund amount, distribution formula, release scope, fee provisions, cy pres/reversion
2. Preliminary approval order — verbatim language, deadlines, formatting mandates
3. Class certification order — class definition, named representatives
4. Complaint/key filings — claims summary, procedural history
5. 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

• All dates, addresses, amounts verified against source documents
• Court-mandated verbatim language included exactly
• All three class member options clearly presented with deadlines
• Release scope described in plain language
• Tax and court-opinion disclaimers included
• "Do not contact the judge" instruction included
• FRCP 23(e) requirements cited; state equivalents flagged if applicable