RULE 24. INTERVENTION
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.
timely application motion, the court may permit anyone
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.
party to an action relies for ground of
claim or defense upon any statute or executive order administered by On timely
court may permit a federal or state governmental officer or agency to intervene if a
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
to intervene in the action.
(3) Delay or Prejudice. In exercising its discretion,
shall must consider whether
the intervention will unduly delay or prejudice the adjudication of the original parties'
of the original parties.
Procedure Notice and Pleading
(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.
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 ,
parties raising the constitutional issue shall must 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; March 1, 2011.
Rule 24 is
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.
Rule 24 was amended, effective March 1, 2011, 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 must notify the
attorney general of the lawsuit.
Sources: Joint Procedure Committee
Minutes of September 25, 2008, page 20; 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 ,
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
and N.D.R.Civ.P. 19 (Joinder of Persons Needed for Just Adjudication) ,