State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_1A > GS_1A-1__Rule_24

Rule 24. Intervention.

(a)        Intervention ofright. – Upon timely application anyone shall be permitted to intervene in anaction:

(1)        When a statuteconfers an unconditional right to intervene; or

(2)        When the applicantclaims an interest relating to the property or transaction which is the subjectof the action and he is so situated that the disposition of the action may as apractical matter impair or impede his ability to protect that interest, unlessthe applicant's interest is adequately  represented by existing parties.

(b)        Permissiveintervention. – Upon timely application anyone may be permitted to intervene inan action.

(1)        When a statuteconfers a conditional right to intervene; or

(2)        When an applicant'sclaim 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 anystatute or executive order administered by a federal or State governmentalofficer or agency or upon any regulation, order, requirement, or agreementissued or made pursuant to the statute or executive order, such officer oragency upon timely application may be permitted to intervene in the action. Inexercising its discretion the court shall consider whether the interventionwill unduly delay or prejudice the adjudication of the rights of the originalparties.

(c)        Procedure. – Aperson desiring to intervene shall serve a motion to intervene upon all partiesaffected thereby. The motion shall state the grounds therefor and shall beaccompanied by a pleading setting forth the claim or defense for whichintervention is  sought. The same procedure shall be followed when a statutegives a right to intervene, except when the statute prescribes a differentprocedure. (1967, c. 954, s. 1.)