Intervention Analysis

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Intervention Analysis
2010-08-06 19:34:17
Civil Procedure civpro intervention

Intervention Analysis
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  1. Components of a Intervention Analysis
    • 2 Types:
    • a. Intervention as of Right
    • b. Permissive Intervention

    Both types require that a the motion to intervene be timely.

    • 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

    If an intervenor satisfies the requirements for permissive intervention, the court has discretion to decide whether or not to allow the intervention.

    Wilks Case: A failure to intervene does not result in the party's waiver of claims.
  2. 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
  3. 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.