Permissive intervention

Definition

Permissive intervention is a legal mechanism that allows a third party to join ongoing litigation with the court's approval. This type of intervention is typically granted when the intervenor's interest may be affected by the outcome of the case, but does not require a significant stake in the matter. It serves to promote judicial efficiency by enabling related parties to participate and present their perspectives in a case where their interests may be indirectly impacted.

5 Must Know Facts For Your Next Test

1. Permissive intervention is governed by Rule 24(b) of the Federal Rules of Civil Procedure, which outlines the criteria for approval by the court.
2. The court has discretion to grant permissive intervention based on whether the intervenor's claim or defense shares a common question of law or fact with the main action.
3. Unlike intervention as of right, permissive intervention does not require that the intervenor’s interests be directly impacted; it only requires that there be some relationship to the existing action.
4. A party seeking permissive intervention must file a motion and demonstrate that their participation will not unduly delay or prejudice the original parties involved.
5. Common examples of permissive intervention include cases involving environmental regulations, where stakeholders such as community groups seek to join ongoing litigation to voice their concerns.

Review Questions

• What are the main differences between permissive intervention and intervention as of right?
  • The primary difference between permissive intervention and intervention as of right lies in the legal interest required for participation. Intervention as of right is granted when a party has a significant legal interest that could be harmed without their involvement, necessitating their inclusion in the case. In contrast, permissive intervention allows a party to join the litigation at the court's discretion, even if their interest is not significantly affected, provided they can show that their claims share common questions with the existing case.
• Discuss how Rule 24 facilitates both permissive intervention and intervention as of right in civil proceedings.
  • Rule 24 provides a framework for both forms of intervention in civil proceedings. For intervention as of right, Rule 24(a) specifies that a party must demonstrate an interest in the action and show that their rights may be impaired if not allowed to intervene. On the other hand, Rule 24(b) outlines the process for permissive intervention, requiring the intervenor to establish that their claim or defense shares a common question with the original suit. The rule empowers courts to manage participation efficiently while protecting the interests of all parties involved.
• Evaluate the implications of allowing permissive intervention on judicial efficiency and fairness in litigation.
  • Permissive intervention can enhance judicial efficiency by allowing related parties to participate in litigation, potentially resolving multiple issues in one case rather than through separate lawsuits. This consolidation helps avoid inconsistent rulings and promotes comprehensive resolution of related disputes. However, there are also concerns regarding fairness, as introducing new parties can complicate proceedings and may lead to delays. Courts must carefully balance these factors when deciding whether to allow permissive intervention, ensuring that it serves justice without undermining procedural integrity.

Related terms

Intervention as of Right: A form of intervention that is mandatory when a party has a significant legal interest that may be impaired without their involvement in the case.

Rule 24: The Federal Rule of Civil Procedure that governs intervention, outlining the criteria and procedures for both permissive and right-based interventions.

Joinder: The legal process of bringing multiple parties or claims into one lawsuit, often to streamline proceedings and resolve all related issues together.