9-11-24
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9-11-24.
(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 matter of the action and he is so situated that the
disposition of the action may as a practical matter impair or impede his ability
to protect that interest, unless the applicant´s interest is adequately
represented by existing parties.
(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.
(c)
Procedure.
A person desiring to intervene shall serve a motion to intervene upon the
parties as provided in Code Section 9-11-5. 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.