key term - Notice of Intervention

Definition

A notice of intervention is a formal document filed by a party who seeks to join an ongoing lawsuit, asserting their interest in the case and requesting the court's permission to become involved. This notice is crucial as it informs the existing parties and the court of the new party's intent to intervene, thereby ensuring that all relevant interests are represented in the proceedings.

5 Must Know Facts For Your Next Test

1. The notice of intervention must typically include the intervenor's reasons for seeking to join the case and how their interests may be affected by the outcome.
2. There are two types of intervention: as of right, where the intervenor has an unconditional right to join, and permissive, where the court has discretion to allow or deny the intervention.
3. Filing a notice of intervention does not guarantee that the intervenor will be allowed to participate; they must also file a motion to intervene for court approval.
4. Timeliness is important; notices must be filed within a reasonable time frame to avoid prejudicing the original parties or disrupting the proceedings.
5. The existing parties can object to a notice of intervention, which can lead to a hearing where the court decides whether to allow the intervenor to participate.

Review Questions

• What are the main purposes of filing a notice of intervention in a legal proceeding?
  • Filing a notice of intervention serves several key purposes, including informing existing parties and the court about a third party's interest in the case and providing an opportunity for that party to protect its rights. This ensures that all potentially affected interests are considered during litigation, promoting fairness and thoroughness in legal proceedings. Additionally, it allows for efficient resolution by preventing future disputes over rights that were not addressed initially.
• Discuss how Rule 24 outlines the procedures for intervention and its implications for parties involved in litigation.
  • Rule 24 provides clear guidelines for intervention, specifying the conditions under which parties can join ongoing lawsuits. It delineates two main types: intervention as of right, where a party must be allowed to intervene if they have a significant interest at stake, and permissive intervention, where courts have discretion. This structure impacts existing parties as it obliges them to consider additional claims that could complicate or prolong litigation but also enhances representation for those with vested interests.
• Evaluate how timely filing of a notice of intervention impacts judicial efficiency and fairness in legal proceedings.
  • Timely filing of a notice of intervention is critical for maintaining judicial efficiency and fairness. When an intervenor files promptly, it allows for all relevant interests to be represented without significant delays in proceedings. Conversely, late filings can lead to disruptions, potential prejudice against original parties, and complicate matters unnecessarily. Evaluating this timing helps courts manage their dockets effectively while ensuring all voices are heard and considered in the decision-making process.

Related terms

Intervenor:

An intervenor is a third party who joins an ongoing legal proceeding, usually to protect their own interests that may be affected by the outcome of the case.

Motion to Intervene: A motion to intervene is a request made to the court by a prospective intervenor to allow them to become a party in a lawsuit, which is typically filed alongside or following the notice of intervention.

Rule 24:

Rule 24 of the Federal Rules of Civil Procedure governs the process of intervention, outlining the conditions under which parties may intervene in ongoing litigation.