(a) Intervention of Right. Upon timely application anyone shall be permitted to intervene in an action: (1) when a statute of the United States confers an unconditional right to intervene; or (2) when the applicant claims an interest relating to the property or transaction which is the subject of the action and the applicant is so situated that the disposition of the action may as a practical matter impair or impede the applicant’s ability to protect that interest, unless the applicant’s interest is adequately represented by existing parties.
(b) Permissive Intervention. Upon timely application anyone may be permitted to intervene in an action: (1) when a statute of the United States confers a conditional right to intervene; or (2) when an applicant’s claim or defense and the main action have a question of law or fact in common. When a party to an action relies for ground of claim or defense upon any statute or executive order administered by a federal or state governmental officer or agency or upon any regulation, order, requirement, or agreement issued or made pursuant to the statute or executive order, the officer or agency upon timely application may be permitted to intervene in the action. In exercising its discretion the court shall consider whether the intervention will unduly delay or prejudice the adjudication of the rights of the original parties.
(c) Procedure. A person desiring to intervene shall serve a motion to intervene upon the parties as provided in Rule 5. The motion shall state the grounds therefor and shall be accompanied by a pleading setting forth the claim or defense for which intervention is sought. The same procedure shall be followed when a statute of the United States gives a right to intervene.
(As amended Dec. 27, 1946, eff. Mar. 19, 1948; Dec. 29, 1948, eff. Oct. 20, 1949; Jan. 21, 1963, eff. July 1, 1963; Feb. 28, 1966, eff. July 1, 1966; Mar. 2, 1987, eff. Aug. 1, 1987; Apr. 30, 1991, eff. Dec. 1, 1991; Apr. 12, 2006, eff. Dec. 1, 2006.)
added in current removed in current
Compared to current version (2025).
(a) Intervention of Right. UpoOn timely application anyone shall be permitted to intervene in an action: (1) when a statute of the United States confersmotion, the court must permit anyone to intervene who:
(1) is given an unconditional right to intervene; or (2) when the applicant by a federal statute; or
(2) claims an interest relating to the property or transaction whichthat is the subject of the action, and the applicant is so situated that the dispositiong of the action may as a practical matter impair or impede the applicmovant’s ability to protect thatits interest, unless the applicant’s interest iexisting parties adequately represented by existing parti that interest.
(b) Permissive Intervention. Upon timely application anyone
(1) In General. On timely motion, the court may be permitted anyone to intervene in an action: (1) when a statute of the United States confers a conditional right to intervene; or (2) when an applicant’swho:
(A) is given a conditional right to intervene by a federal statute; or
(B) has a claim or defense andthat shares with the main action have aa common question of law or fact in common. When a party to an action relies for ground of claim or defense upon any.
(2) By a Government Officer 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 a federal or state governmentalthe officer or agency; or upon
(B) any regulation, order, requirement, or agreement issued or made pursuant tounder the statute or executive order, the officer or agency upon timely application may be permitted to intervene in the action.
(3) Delay or Prejudice. In exercising its discretion, the court shallmust consider whether the intervention will unduly delay or prejudice the adjudication of the rights of the original parties.
(c) Procedure. A person desiring to intervene shall serve a’ rights.
(c) Notice and Pleading Required. A motion to intervene upmust be served on the parties as provided in Rule 5. The motion shallmust state the grounds therefor and shallfor intervention and be accompanied by a pleading setting forththat sets out the claim or defense for which intervention is sought. The same procedure shall be followed when a statute of the United States gives a right to intervene.
(As amended Dec. 27, 1946, eff. Mar. 19, 1948; Dec. 29, 1948, eff. Oct. 20, 1949; Jan. 21, 1963, eff. July 1, 1963; Feb. 28, 1966, eff. July 1, 1966; Mar. 2, 1987, eff. Aug. 1, 1987; Apr. 30, 1991, eff. Dec. 1, 1991; Apr. 12, 2006, eff. Dec. 1, 2006; Apr. 30, 2007, eff. Dec. 1, 2007.)