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Intervenor
Practical Law Glossary Item 8-507-2484 (Approx. 3 pages)
Glossary
Intervenor
A party in a litigation that:
- Does not have a direct interest in the lawsuit.
- Has a clearly determinable interest in the outcome of the action.
- Has been granted standing by a court for all or part of the litigation.
A party must make a timely motion to intervene, stating the grounds for intervention. The party seeking to intervene must also attach a pleading that sets out the claim or defense for which the party seeks intervention. A party may intervene either:
- As of right.
- With permission of the court.
A party may intervene as of right when the intervenor either:
- Is given an unconditional right to intervene by statute.
- Has such a substantial interest in the property or transaction at issue in the lawsuit that proceeding with the lawsuit without the intervenor will impair its ability to protect this interest (unless an existing party to the lawsuit can adequately do so).
A party may intervene with the permission of the court when the intervenor either:
- Is given a conditional right to intervene by a statute.
- Has a claim or defense that shares with the main action a common question of law or fact.
In addition, a federal or state governmental agency may intervene with the permission of the court when the claims or defenses in the lawsuit are based on a statute or an executive order, or any regulation, order, requirement, or agreement issued or made under a statute or an executive order.