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RULE 24. INTERVENTION

Effective Date: 3/1/2011

(a) Intervention of Right. On timely motion, the court must permit anyone to intervene who:

(1) is given an unconditional right to intervene by a statute; or
(2) claims an interest relating to the property or transaction that is the subject of the action, and is so situated that disposing of the action may as a practical matter impair or impede the movant's ability to protect its interest, unless existing parties adequately represent that interest.

(b) Permissive Intervention.

(1) In General. On timely motion, the court may permit anyone to intervene who:
(A) is give a conditional right to intervene by a statute; or
(B) has a claim or defense that shares with the main action a common question of law or fact.
(2) By a Government Office or Agency. 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
(B) any regulation, order, requirement or agreement issued or made under the statute or executive order.
(3) Delay or Prejudice. In exercising its discretion, the court must consider whether the intervention will unduly delay or prejudice the adjudication of the original parties' rights.

(c) Notice and Pleading Required.

(1) Procedure. A motion to intervene must be served on the parties as provided in Rule 5. The motion must state the grounds for intervention and be accompanied by a pleading that sets out the claim or defense for which intervention is sought. The same procedure must be followed when a statute gives a right to intervene.
(2) Constitutional Question. A party questioning the constitutionality of a legislative act affecting the public interest in an action in which neither the state nor any agency or officer is a party must notify the attorney general. On timely motion, the court must permit the attorney general to intervene on behalf of the state.

Rule 24 was amended, effective March 1, 1990; March 1, 1994; March 1, 2011.

Rule 24 is derived from Fed.R.Civ.P. 24

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 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; Fed.R.Civ.P. 24.

CROSS REFERENCE: 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).

Effective Date Obsolete Date
03/01/2011 View
03/01/1994 03/01/2011 View