Also known as: rights to intervene · right of intervention · intervention as of right
Written by attorneys · grounded in primary & secondary sources — see below
An entitlement of a nonparty to join an existing federal civil action on timely motion when a federal statute confers an unconditional right to intervene.
Select any source to read its text and confirm it supports the definition.
The Department of Agriculture moved to intervene in a wage dispute between Crown Cafe and its employees. A federal statute granted the department an unconditional right to participate in any suit concerning administration of the tip-credit program. The court granted the motion because the statute supplied the required unconditional right.
Seaside Bank sought to intervene in a condominium association's suit against a property manager over reserve funds. A federal statute provided a conditional right to intervene in actions affecting secured lending interests. The court exercised its discretion to permit intervention after finding common questions of fact regarding the reserve account.
White firefighters moved to intervene in a Title VII suit brought by Black firefighters against the city. The proposed intervenors claimed that the consent decree would impair their promotion rights. The court permitted intervention because the existing parties did not adequately represent the distinct seniority interests of the white firefighters.
Minority students moved to intervene in a challenge to a university's admissions policy. The students asserted that invalidation of the policy would impair their ability to obtain admission under current criteria. The court granted intervention as of right because the university might not fully defend the policy in the same manner as the students.
Official proponents of a state ballot initiative moved to intervene after state officials declined to defend the law. The proponents claimed an interest in preserving the measure they had sponsored. The court denied intervention because the proponents lacked a direct protectable interest sufficient to satisfy the rule.
Ranchers moved to intervene in a suit brought by environmental groups against the Fish and Wildlife Service. The ranchers asserted that the Service's interpretation of the Endangered Species Act would impair their grazing permits. The court permitted intervention because the ranchers' economic interest could be impaired and was not adequately represented by the agency.
A federal statute creates an unconditional right when its text expressly authorizes intervention in the type of litigation at issue. The right is triggered by the subject matter of the suit rather than by the precise relief sought or the level of agency decision-making involved. Courts examine the statute's scope and the complaint's allegations to determine whether the statutory condition is satisfied.
Supporting sources
…University will not adequately represent their interest in educational opportunity. The district court denied their motion for intervention as of right, holding that the plaintiffs did not have a substantial interest in the litigation and that the University could adequately represent the proposed intervenors' interests. The district court…
…Chase National Bank , the drafters cast Rule 24, governing intervention, in permissive terms. See Fed. Rule Civ. Proc. 24(a) (
…(exclusive jurisdiction over reservation domiciliaries), 1911(b) (presumptive jurisdiction over nondomiciliaries), 1911(c) (right of intervention
…(CA5); Glen Falls Indemnity Co. v. United States ex rel. Westinghouse Electric Supply Co. , 229 F. 2d 370, 373-374 (CA9): or intervention as of right
The movant must file a timely motion, claim an interest relating to the property or transaction, show that disposition may impair that interest as a practical matter, and demonstrate that existing parties do not adequately represent the interest. The impairment inquiry focuses on real-world consequences rather than formal preclusion. Divergent litigation incentives between the movant and existing parties support a finding of inadequate representation.
Supporting sources
A subcontractor may intervene as of right when an adverse judgment could impair its ability to protect its work or expose it to later indemnity claims. The rule focuses on practical impairment rather than the absence of a direct claim against the plaintiff. Existing parties' representation is inadequate when their incentives differ from the subcontractor's specific exposure.
Supporting sources
A government agency may intervene as of right when a consent order it administers could be impaired by conflicting judicial relief. The agency's institutional interest in consistent regulatory enforcement is distinct from private plaintiffs' damage claims. Existing parties do not adequately represent the agency when their objectives do not align with preserving the negotiated order.
Supporting sources
An economic interest supports intervention when long-term exclusive contracts are tied directly to the facility whose closure is at issue. Practical impairment arises because a closure order would render performance impossible. Existing parties do not adequately represent the interest when their priorities focus on labor or corporate flexibility rather than preserving the supply relationship.
Supporting sources