§ RULE 24. INTERVENTION

Codes > Rules of Civil Procedure for the Nevada District Courts > IV. Parties > RULE 24.

RULE 24. INTERVENTION

(a) Intervention of Right. Upon timely application anyone shall be permitted to intervene in an action: (1) when a statute 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.

As amended, eff. Sept. 27, 1971; Jan. 1, 2005.

ADVISORY COMMITTEE'S NOTE

The federal rule was originally revised to refer to the State; and further revised in 1971 in accordance with the federal amendment, effective July 1, 1966.

(b) Permissive Intervention. Upon timely application anyone may be permitted to intervene in an action: (1) when a statute 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. 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.

ADVISORY COMMITTEE'S NOTE

The federal rule is revised to refer to the State, and to delete the second sentence pertaining to intervention by governmental officers. Appearance as a friend of the court is there thought more appropriate than intervention.

(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 gives a right to intervene.

ADVISORY COMMITTEE'S NOTE

In 1953 the federal rule was revised to refer to the State, and the last sentence was deleted, being a reference to federal statute. The 1964 amendment adopts the 1963 federal rule amendment verbatim, being the technical corollary to the change in Rule 5(a).