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Components of a Intervention Analysis
Both types require that a the motion to intervene be timely.
- 2 Types:a. Intervention as of Right
- b. Permissive Intervention
If an intervenor satisfies the requirements for permissive intervention, the court has discretion to decide whether or not to allow the intervention.
- If an intervenor can satisfy the requirements for intervention of right, then the court must allow the intervention provided the motion was:
- 1. Timely
- 2. And, intervention does not destroy subject matter jurisdiction
Wilks Case: A failure to intervene does not result in the party's waiver of claims.
Requirements of an Intervention of Right
A party may intervene as of right where upon filing a timely motion:
1. A Federal Statute confers an unconditional right to intervene;
- 2. OR, the proposed intervenor has a significant interest in the subject matter of the litigation,
- - Disposition of the case may impair or impede the intervenor's ability to protect it's interests,
- - And, existing partis will not adequately protect the intervenor's interest
Requirements for Permissive Intervention
A party may Permissively intervene upon filing a timely motion where:
1. A federal statute provides a conditional right to intervene;
2. OR, the proposed intervenor's claim or defense has a question of law or fact in common with the main action.