Civil Procedure: Intervention

Intervention (Rule 19)

  1. Complaint-in-intervention
    1. Who may file?
      1. Sec. 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 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 proceedings.
        1. Who may file?
          1. A person who a legal interest in:
            1. the matter in litigation;
            2. the success of either parties;
            3. an interest against both;
            4. anyone who will adversely affected by the distribution or disposition of property in the custody of the court;
    2. When to file?
      1. Sec. 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.
    3. What to file?
      1. Sec. 3 Pleadings-in-Intervention. – The intervenor shall file a complaint-in-intervention if he asserts a claim against either or all of the original parties, or an answer-in-intervention if he unites with the defending party in resisting a claim against the latter. 
  2. Answer-in-intervention
    1. When to file?
      1. Sec. 4 Answer to complaint-in-intervention. – The answer to the complaint-in-intervention shall be filed within 15 days from notice of the order admitting the same, unless a different period is fixed by the court.

 

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