Rule 33 Intervention

A Definition. Intervention takes place when a third person is permitted to become a party to an action between other persons, either by joining the plaintiff in claiming what is sought by the complaint, by uniting with the defendant in resisting the claims of the plaintiff, or by demanding something adversely to both the plaintiff and defendant.

B Intervention of Right. At any time before trial, any person will be permitted to intervene in an action when a statute of this state, these rules, or the common law, confers an unconditional right to intervene.

C Permissive Intervention. At any time before trial, any person who has an interest in the matter in litigation may, by leave of court, intervene. In exercising its discretion, the court will consider whether the intervention will unduly delay or prejudice the adjudication of the rights of the original parties.

D Procedure. Except as provided in section E below, a person desiring to intervene must serve a motion to intervene upon the parties as provided in TCR 9. The motion must state the grounds therefor and must be accompanied by a pleading setting forth the claim or defense for which intervention is sought. If the court allows the intervention, parties must, within 10 days, file those responsive pleadings which are permitted or required by these rules for such pleading.

E Service on Interested Persons. If any intervenor wishes to serve persons who have not appeared but have an interest in the action, the intervenor must make service on such persons by mailing true copies of the complaint to them by registered or certified mail and must file an affidavit of such mailing with the court.