RULE 19 INTERVENTION

Question 1

Who is allowed to intervene in an action?

Answer 1

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.

Question 2

What factors should the court consider when deciding whether to allow intervention?

Answer 2

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.

Question 3

Within what timeframe can a motion to intervene be filed, and what is required to be attached to the motion?

Answer 3

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 it must also be served on the original parties.

Question 4

What type of pleading should the intervenor file if they assert a claim against the original parties?

Answer 4

complaint-in-intervention

if they assert a claim against either or all of the original parties.

Question 5

What type of pleading should they file if they unite with the defending party in resisting a claim?

Answer 5

answer-in-intervention

if they unite with the defending party in resisting a claim against the latter.

Question 6

Within what timeframe should the answer to a complaint-in-intervention be filed, and can the court fix a different period for filing?

Answer 6

within fifteen (15) calendar days from notice of the order admitting the same, unless a different period is fixed by the court.