2021 Georgia Code
Title 9 - Civil Practice
Chapter 11 - Civil Practice Act
Article 4 - Parties
§ 9-11-24. Intervention

1. 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.
2. 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.

3. 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.

(Ga. L. 1966, p. 609, § 24; Ga. L. 1967, p. 226, § 12; Ga. L. 1968, p. 1104, § 8.)

- Form of motion to intervene as defendant, § 9-11-123.

Interposing of third-party claims in attachment proceedings, § 18-3-50 et seq.

- For provisions of Federal Rules of Civil Procedure, Rule 24, see 28 U.S.C.

- For article, "Synopses of 1968 Amendments to the Appellate Procedure Act and Georgia Civil Practice Act," see 4 Ga. St. B.J. 503 (1968). For article, "The Child as a Party in Interest in Custody Proceedings," see 10 Ga. St. B.J. 577 (1974). For note on permissive intervention of grandparents in divorce proceedings, see 26 Ga. L. Rev. 787 (1992). For comment on Rogers v. Medical Ass'n, 244 Ga. 151, 259 S.E.2d 85 (1979), as to unconstitutional delegation of legislative authority to a private organization, see 29 Emory L.J. 1183 (1980).

ANALYSIS

• General Consideration
• Interventions of Right
• Permissive Intervention
• Time of Intervention

RESEARCH REFERENCES

Am. Jur. 2d.

- 59 Am. Jur. 2d, Parties, § 144 et seq.

19 Am. Jur. Pleading and Practice Forms, Parties, § 130.

- 35A C.J.S., Federal Civil Procedure, § 162 et seq. 67A C.J.S., Parties, §§ 63, 64.

- Right of nonparties to move for the vacation of a judgment and to intervene in action or proceeding in respect of a matter in which they have an interest common with or similar to that of the parties, 112 A.L.R. 434.

Right of attorney to intervene in an action or proceeding so that he may refute or deny charges of fraud or other professional misconduct relating to the matter involved, 128 A.L.R. 581.

Intervention or subsequent joinder of parties as affecting jurisdiction of federal court based upon diversity of citizenship, 134 A.L.R. 335.

Right of one covered by a fidelity bond to intervene in action by obligee against obligor, 157 A.L.R. 159.

Demurring to complaint or petition in intervention as waiver of right to stand upon motion to strike, 163 A.L.R. 917.

Right to intervene in suit to determine validity or construction of law or governmental regulations, 169 A.L.R. 851.

Who may intervene in suit to quiet title, 170 A.L.R. 149.

Right of correspondent to intervene in suit for divorce, 170 A.L.R. 161.

Assertion of fiduciary status of party to litigation as basis for intervention by one claiming interest in fruits thereof as trust beneficiary, 2 A.L.R.2d 227.

Appealability of order granting or denying right of intervention, 15 A.L.R.2d 336.

Intervention by stockholder for purpose of interposing defense for corporation, 33 A.L.R.2d 473.

Time within which right to intervene may be exercised, 37 A.L.R.2d 1306.

When is representation of applicant's interest by existing parties inadequate and applicant bound by judgment so as to be entitled to intervention as of right under Federal Rule 24(a)(2) and similar state statutes or rules, 84 A.L.R.2d 1412.

Intervenor's right to disqualify judge, 92 A.L.R.2d 1110.

Who may intervene in action between union and union member, 93 A.L.R.2d 1037.

Propriety of consideration of, and disposition as to, third persons' property claims in divorce litigation, 63 A.L.R.3d 373.

Right of insurer issuing "uninsured motorist" coverage to intervene in action by insured against uninsured motorist, 35 A.L.R.4th 757.

Right to intervene in court review of zoning proceeding, 47 A.L.R.6th 439.

Right to intervene in federal hazardous waste enforcement action, 100 A.L.R. Fed. 35.

When is intervention as matter of right appropriate under Rule 24(a)(2) of Federal Rules of Civil Procedure in civil rights action, 132 A.L.R. Fed. 147.

Construction and application of rule against one-way intervention, 14 A.L.R.7th 5.