N.D.R.Civ.P.RULE 24. INTERVENTION (a) Intervention of Right.
Upon On timely application motion, the court must permit anyone must be permitted to intervene in an action if who: (i) (1) a statute confers is given an unconditional right to intervene by a statute; or (ii)(2) the applicant claims an interest relating to the property or transaction that is the subject of the action, and the applicant is so situated that the disposition disposing of the action may as a practical matter impair or impede the applicant's movant's ability to protect that its interest, unless the applicant's interest is adequately represented by existing parties adequately represent that interest.
(b) Permissive intervention.
(1) In General.
Upon On timely application motion, the court may permit anyone may be permitted to intervene in an action who: (1) (A) when a statute confers is given a conditional right to intervene by a statute; or (2) (B) when an applicant's has a claim or defense and that shares with the main action have a common question of law or fact in common.
(2) By a Government Office or Agency.
When a party to an action relies for ground of claim or defense upon any statute or executive order administered by On timely motion, the court may permit a federal or 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
upon any regulation, order, requirement or agreement issued or made pursuant to under the statute or executive order , the officer or agency upon timely application may be permitted to intervene in the action.
(3) Delay or Prejudice. In exercising its discretion, the court
shall must consider whether the intervention will unduly delay or prejudice the adjudication of the original parties' rights of the original parties.
Procedure Notice and Pleading Required.
(1) Procedure. A
person desiring to intervene shall serve a motion to intervene upon must be served on the parties as provided in Rule 5. The motion shall must state the grounds therefor for intervention and shall be accompanied by a pleading setting forth that sets out the claim or defense for which intervention is sought. The same procedure shall must be followed when a statute gives a right to intervene.
(2) Constitutional Question.
When A party questioning the constitutionality of an a legislative act of the legislative assembly affecting the public interest is drawn in question in any an action to in which neither the state nor any agency or officer thereof is a party , the parties raising the constitutional issue shall notify the attorney general of the state. The On timely motion, the court must permit the attorney general may to intervene as provided in this rule on behalf of the state.
Rule 24 was amended, effective March 1, 1990; March 1, 1994; __________;
Rule 24 is
identical to Rule 24, FRCivP, except for style changes and the deletion of references to statutes and the attorney general of the United States and giving the attorney general of this State the right to intervene under subdivision (c) derived from Fed.R.Civ.P. 24.
Rule 24 was amended, effective _______________, in response to the December 1, 2007, revision of the Federal Rules of Civil Procedure. The language and organization of the rule were changed to make the rule more easily understood and to make style and terminology consistent throughout the rules.
Subdivision (a) was amended, effective March 1, 1990. The amendment is technical in nature and no substantive change is intended.
Subdivision (c) was amended, effective March 1, 1994, to provide that a party challenging the constitutionality of a state statute shall notify the attorney general of the lawsuit.
Sources: Joint Procedure Committee Minutes of ______________; October 29-30, 1992, page 9; April 20, 1989, page 2; December 3, 1987, page 11; September 20-21, 1979, page 18;
Rule Fed.R.Civ.P. 24 , FRCivP. Statutes Affected: Superseded: N.D.R.C. 1943 §§ 28-0219, 28-0220, 28-0221.
Rules N.D.R.Civ.P. 5 (Service and Filing of Pleadings and Other Papers), and N.D.R.Civ.P. 19 (Joinder of Persons Needed for Just Adjudication) , N.D.R.Civ.P.