Final approval hearing
The final approval hearing, also called a fairness hearing, is the court date when a judge decides whether to approve a class settlement.
Also called: fairness hearing, final fairness hearing, settlement hearing
The final approval hearing, also called a fairness hearing, is the court date when a judge decides whether to approve a class settlement.
What it means
A final approval hearing is the court date where a judge decides whether a class action settlement is fair enough to become final. It is also called a fairness hearing or a settlement hearing. The date is set in the preliminary approval order and printed on the notice and the settlement website.
Under Rule 23(e)(2), a federal judge may approve a class settlement only after a hearing and only after finding it fair, reasonable and adequate. The judge asks whether the class was well represented, whether the sides bargained at arm's length (as independent parties), whether the relief is adequate and whether class members are treated fairly compared with each other. The lawyers' fee request is part of that review.
Class members who objected may speak, and the lawyers respond. The judge can announce a decision at the hearing or issue a written order afterward. Hearing dates can change, so check the settlement website close to the date.
What it means for you
You do not have to attend. Most class members never do. You only need to appear if you object and want to speak, and the notice explains how to tell the court you plan to. Objection deadlines usually fall before the hearing, so do not wait for the hearing date to decide.
In federal class actions, the law gives federal and state officials time to review a proposed settlement. A judge cannot grant final approval until 90 days after they are notified. That is one reason final approval takes months, not weeks.
Example
Say a settlement notice lists the final approval hearing for the first Tuesday in March. Two class members object to the lawyers' fee request, and one asks to speak. At the hearing, the judge hears from class counsel, the company's lawyers and that objector. The judge asks how many people filed claims and how the fee compares with what class members will receive. The judge then says a written ruling will follow.
FAQ
No. You can file a claim and let the lawyers handle the hearing. You only need to appear if you objected and want to speak, and the notice explains how to tell the court you plan to attend.
The judge can reject the deal or ask the sides to change it. Payments do not go out under the original terms. The lawyers may renegotiate and ask again, or the case may go back to litigation.
Related terms
- Federal Rule of Civil Procedure 23, class actions (Cornell LII)
- 28 U.S.C. § 1715, notifications to appropriate Federal and State officials (Cornell LII)
- Manual for Complex Litigation, Fourth, sections 21.633 to 21.635 (Federal Judicial Center)
- Managing Class Action Litigation: A Pocket Guide for Judges, 3d ed. (Federal Judicial Center, 2010)
Updated Oct 18, 2026. Plain-English definitions for general information — not legal or tax advice.