What Is Intervention in Civil Procedure?

Intervention in civil procedure is a mechanism that allows a third party to join ongoing litigation to protect their interests. This can occur as either of right under Rule 24(a) or permissively under Rule 24(b).

Intervention is a procedural device that allows a non-party to enter a lawsuit and seek to become a party to the action. Under the Federal Rules of Civil Procedure, specifically Rule 24, intervention can occur as a matter of right or with the court's permission. A party may intervene as of right if they demonstrate that they have a significant legal interest in the subject of the action, that their interest may be impaired if they are not included, and that their interest is not adequately represented by the existing parties. This is commonly seen in cases involving property disputes, environmental regulations, or class actions.

Permissive intervention, on the other hand, allows third parties to join litigation based on the court's discretion. Here, a person may seek to intervene if they share a common question of law or fact with the main action. The factors considered include whether the intervention will cause undue delay or prejudice to the original parties. Courts often weigh the benefits of allowing broader participation against potential disruptions in the litigation process.

Some key considerations for intervention include standing, the timeliness of the intervention motion, and the adequacy of representation. Courts will assess the timing to ensure that intervention does not delay proceedings or disrupt existing parties' strategies. Even successful intervention can be limited based on the scope of the interests expressed and the resources available.

Overall, intervention serves to promote judicial efficiency by allowing parties to resolve all relevant claims in one proceeding. It ensures that all affected parties have a chance to participate in litigation, thereby contributing to a more comprehensive resolution of disputes. As such, understanding the nuances between intervention as of right and permissive intervention is crucial for civil litigators and can complicate litigation strategy.

• 1Maine v. Taylor (1986) - the court outlined criteria for intervention as of right, highlighting the necessity of protecting significant legal interests.
• 2Swift & Co. v. United States (1905) - established permissive intervention principles.
• 3Los Angeles v. Lyons (1983) - discussed the implications of adequate representation and its role in intervention.
• 4Trbovich v. United Mine Workers (1972) - clarified standards for intervention in cases where statutory rights are in play.

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