3344

When a class suit is commenced pursuant to the provisions of this section, the court shall determine, as soon as possible, whether there exists a common question of fact or of law and that the class suit is superior to other means available for the fair and efficient adjudication of the controversy.\nThe court shall notify the members of the class in the most practical way possible under the circumstances. Those members of the class who may be identified upon a reasonable effort shall be personally notified.\nThe notice shall indicate that:\n(1) The court shall exclude any member of the class if he so requests it specifically.\n(2) The judgment shall include all the members who do not request to be excluded.\n(3) Any class member who does not request to be excluded shall, if he so wishes, appear through his attorney.\nA class suit commenced under this section shall not be withdrawn or settled without the approval of the court. Petition for dismissal or compromise shall be notified to all class members in the manner provided by the court.\nHistory —June 25, 1971, No. 118, p. 362, § 4.