*L. Intervention (Codal) Flashcards
Section 1. Who may intervene.
*a. legal interest in the matter in litigation
b. success either ptys,
c. interest-both
d. situatd- adversely affected by a distribution or other disposition of property
*leave of court
*unduly delay or prejudice the adjud of rights
*intervenor’s ryts fully protectd in sepr8 proceeding
Section 1. Who may intervene. -
A person who has a legal interest in the matter in litigation, or in the success of either of the parties, or an interest against both, or is so situated as to be adversely affected by a distribution or other disposition of property in the custody of the court or of an officer thereof may, with leave of court, be allowed to intervene in the action.
The court shall consider whether or not the intervention will unduly delay or prejudice the adjudication of the rights of the original parties, and whether or not the intervenor’ s rights may be fully protected in a separate proceeding.
Section 2. Time to intervene.
*any time b4 rendition of judgmnt
Section 2. Time to intervene.
The motion to intervene may be filed at any time before rendition of judgment by the trial court. A copy of the pleading-in-intervention shall be attached to the motion and served on the original parties.
Section 3. Pleadings-in-intervention
*assert a claim *resist a claim
Section 3. Pleadings-in-intervention. -
The intervenor shall file a complaint-in-intervention if he or she asserts a claim against either or all of the original parties, or an answer-in-intervention if he or she unites with the defending party in resisting a claim against the latter.
Section 4. Answer to complaint-in-intervention.
*15 cal days from notice of order admitting the same
Section 4. Answer to complaint-in-intervention. -
The answer to the complaint-in-intervention shall be filed within fifteen (15) calendar days from notice of the order admitting the same, unless a different period is fixed by the court.
