LAW 522-001 – Civil Procedure II
Intervention of Right
A defendant must be allowed to intervene if:
- A statute gives him the right to intervene, or
- He has an interest in the subject matter of the suit that would be impaired and not adequately represented by a present party.
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.