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      CCP 613     


Art. 613.  Procedure

After commencement of a derivative action by or on behalf of parties alleged to be members of a class, the court, on its own motion, or on the motion of any party or on trial of any exception directed to such issue, shall determine whether the action may be properly maintained as a class action as a prerequisite to any further proceedings therein.  If the court finds that the action should be maintained as a class action, it shall certify the action accordingly.  If not, the court may permit amendment of the pleadings in the action to permit maintenance thereof as a proceeding on behalf of parties expressly named therein under Article 616.

Acts 1997, No. 839, §1, eff. July 1, 1997.

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