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.