Motion to intervene

Definition

A motion to intervene is a legal request made by a non-party to join ongoing litigation because they have a significant interest in the outcome of the case. This motion allows the intervenor to assert their rights or protect their interests that may be affected by the judgment, ensuring that all relevant parties are included in the decision-making process. The ability to intervene is governed by specific rules, allowing for both permissive and mandatory intervention depending on the circumstances and legal standards involved.

5 Must Know Facts For Your Next Test

1. A motion to intervene can be filed as either mandatory intervention, where an intervenor's interest is directly affected by the case, or permissive intervention, which allows discretion if the intervenor's claim shares a common question of law or fact with the main action.
2. Intervenors must file their motion before the trial begins unless the court allows for late intervention based on good cause shown.
3. The court will assess whether the intervenor's interests are significant enough to justify their participation in the litigation process.
4. Intervention can be especially important in cases involving class actions or governmental regulatory issues where the interests of non-parties are likely to be impacted.
5. If granted, an intervenor becomes a full party to the case, having the right to present evidence, file motions, and appeal decisions.

Review Questions

• What are the key differences between mandatory and permissive intervention when filing a motion to intervene?
  • Mandatory intervention occurs when an intervenor has a legal right or interest that could be adversely affected by the outcome of the case, meaning they must be allowed to join. In contrast, permissive intervention is discretionary, allowing a court to permit an intervenor to join if their claims or defenses share common questions of law or fact with the main action. Understanding these distinctions helps clarify when and how non-parties can assert their rights in ongoing litigation.
• How does Rule 24 provide structure for motions to intervene, and what criteria does it establish for different types of intervention?
  • Rule 24 outlines specific criteria for both mandatory and permissive interventions. For mandatory intervention, it states that individuals must have an interest that could be impaired or impeded by the action. For permissive intervention, it allows courts discretion if there is a shared question of law or fact. This structured approach helps ensure that courts can manage cases effectively while allowing those with legitimate interests to participate.
• Evaluate the implications of allowing motions to intervene in litigation for parties involved and for the judicial process as a whole.
  • Allowing motions to intervene serves several critical purposes: it ensures that all parties with significant interests are heard, which promotes fairness and comprehensive resolutions. This inclusion can lead to more informed judicial decisions as varied perspectives are presented. However, it may also complicate proceedings by introducing additional parties and arguments, potentially lengthening trials and making them more complex. Thus, while intervention fosters inclusivity in justice, it requires careful management by courts to balance efficiency and thoroughness.

Related terms

Intervenor: An intervenor is a person or entity that seeks to become a party to a lawsuit after it has already started, typically due to having a vested interest in the case's outcome.

Rule 24: Rule 24 of the Federal Rules of Civil Procedure governs intervention, detailing both mandatory and permissive intervention criteria and procedures.

Collateral Estoppel: Collateral estoppel is a legal doctrine that prevents parties from relitigating issues that have already been determined in a final judgment in earlier proceedings.