Civil Procedure II


Intervention of Right

A defendant must be allowed to intervene if:

  1. A statute gives him the right to intervene, or
  2. He has an interest in the subject matter of the suit that would be impaired and not adequately represented by a present party.
    • In determining if a present party adequately represents an interest, three factors are used:
      • Amount at stake
      • Ability and resources of parties
      • Any conflicts of interests

Rule 24(a).

One cannot intervene as a plaintiff if it would defeat complete diversity.

One can intervene as a defendant even if it would regardless of diversity, and a plaintiff cannot sue a newly-added defendant if it would be inconsistent with complete diversity.

Courts will often treat stare decisis as an interest in the subject matter.

Permissive Intervention

A court may allow anyone to intervene who has a claim or defense that shares a common question of law or fact with the main action.

Rule 24(b).

The court has wide discretion in this determination.

The delay or prejudice that would occur is major factor that the must consider. Rule 24(b)(3).