(a) Intervention of Right. On timely motion, the court must permit anyone to intervene who:
(1) is given an unconditional right to intervene by statute; or
(2) claims an interest relating to the property or transaction which is the subject
of the action, and is so situated that disposing of the action may as a practical
matter impair or impede the movant's ability to protect its interest, unless the existing
parties adequately represent that interest.
(b) Permissive Intervention.
(1) In General. On timely motion, the court may permit anyone to intervene who:
(A) is given a conditional right to intervene by statute; or
(B) has a claim or defense that shares with the main action a common question of law
(2) By a Government Officer or Agency. On timely motion, the court may permit a state governmental officer or agency to
intervene if a party's claim or defense is based on:
(A) a statute or executive order administered by the officer or agency; or
(B) any regulation, order, requirement, or agreement issued or made under the statute
or executive order.
(3) Delay or Prejudice. In exercising its discretion, the court must consider whether the intervention will
unduly delay or prejudice the adjudication of the original parties' rights.
(c) Notice and Pleading Required. A motion to intervene must be served on the parties as provided in Rule 5. The motion must state the grounds for intervention and be accompanied by a pleading
that sets out the claim or defense for which intervention is sought.
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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