In certain legal cases, a third party may have an interest in the outcome of a lawsuit but is not initially part of the case. In these situations, the third party may file a motion to intervene, asking the court for permission to join the case. This legal process allows an individual or entity, who is not a current party to the lawsuit, to become involved and assert their rights or interests. Whether you are an interested party or you’re involved in a case where a third party is seeking to intervene, understanding how and when a motion to intervene is used is crucial.

At the Law Office of Erin Bradley McAleer, we understand the complexities of civil litigation and how a motion to intervene can impact the course of a case. In this article, we will explain what a motion to intervene is, when it can be filed, and the steps involved in the process under Washington State law.

What is a Motion to Intervene?

A motion to intervene is a formal request made by a third party asking the court to allow them to join a lawsuit. This motion can be filed when a person or entity has a significant legal interest in the case and would be affected by the court’s decision. The third party, known as the “intervenor,” asks the court for permission to participate in the case, usually by filing claims, presenting evidence, and making arguments that support their interests.

In Washington State, the rules governing intervention are outlined in the Washington Rules of Civil Procedure (CR 24). There are two primary types of intervention:

  1. Intervention as of Right: This type of intervention occurs when the third party has a legal right to intervene in the case. The court is required to allow the third party to intervene if certain conditions are met, such as when the intervenor has an interest in the subject of the case, and their interests may be impaired if they are not allowed to participate.
  2. Permissive Intervention: In this case, the court has discretion to allow the third party to intervene, even if they do not have an automatic right to do so. The court will consider factors such as whether the intervenor’s interests are sufficiently related to the existing lawsuit and whether their participation will help resolve the issues in the case.

When is a Motion to Intervene Used?

A motion to intervene may be appropriate in a variety of situations. Some common scenarios in which a motion to intervene is filed include:

  • Financial or Property Interests: If a person or entity has a financial interest in the outcome of a case (such as a creditor or a shareholder) and stands to be directly affected by the result, they may seek to intervene. For example, if a company is involved in a lawsuit over a disputed contract and a shareholder believes the outcome could impact their investment, they may file a motion to intervene.
  • Protecting Legal Rights: A third party may file a motion to intervene if they believe their legal rights are being affected by the case. For instance, if a government agency is involved in litigation over a regulatory issue and an environmental group believes that its interests in protecting the environment will be harmed by the outcome, it might file a motion to intervene.
  • Defending a Claim: Sometimes, a third party may need to intervene to defend their interests. For example, in a case involving a lawsuit over property ownership, a neighboring property owner who might be impacted by the outcome may file a motion to intervene to assert their legal rights over the property in question.
  • Class Action Cases: In class action lawsuits, a motion to intervene may be filed by individuals or entities who believe they have unique claims or that they are entitled to separate legal representation due to different interests from the class being represented.

The Process of Filing a Motion to Intervene

Filing a motion to intervene involves several steps. Below is an overview of the process:

  1. Assessing the Need to Intervene: Before filing a motion to intervene, the third party must assess whether their interests are significantly impacted by the lawsuit. If the outcome of the case would affect their legal rights or interests, they may have grounds to file the motion.
  2. Filing the Motion: To initiate the process, the interested party must file a motion to intervene with the court. This document explains the reasons why the third party wants to join the case and outlines their legal interest in the outcome of the lawsuit. The motion may include supporting documentation and evidence that demonstrates the intervenor’s interest.
  3. Notice to Existing Parties: The party seeking to intervene must notify the current parties in the case that they intend to seek intervention. This gives the other parties an opportunity to respond to the motion. The existing parties may object to the intervention if they believe it is unnecessary or unwarranted.
  4. Court’s Decision: Once the motion is filed, the court will review it and consider whether the third party has a valid interest in the case. If the motion is filed as of right, the court will typically allow the intervention. If the motion is for permissive intervention, the court has discretion and will consider factors such as judicial economy, whether the intervention will delay the proceedings, and whether the intervenor’s participation will assist in resolving the case.
  5. Participating in the Case: If the motion to intervene is granted, the intervenor becomes a party to the lawsuit and is entitled to take part in the litigation. This means they can file documents, present evidence, participate in discovery, and argue their position in court.

Advantages and Risks of Filing a Motion to Intervene

Advantages:

  • Protection of Interests: By filing a motion to intervene, a third party can directly protect their interests and ensure that their legal rights are considered in the case.
  • Control Over the Outcome: Intervenors gain the ability to present their own arguments and evidence, which can influence the outcome of the case in their favor.
  • Avoiding Future Litigation: In some cases, intervention allows the third party to resolve their dispute in the current lawsuit, potentially avoiding separate litigation down the line.

Risks:

  • Opposition from Existing Parties: Existing parties to the lawsuit may oppose the motion to intervene, arguing that it will complicate or delay the case. If the motion is denied, the third party may not have an opportunity to participate in the case.
  • Legal Costs: Intervenors must bear the costs of joining the litigation, including legal fees and the costs of discovery and other court proceedings.

A motion to intervene is a powerful tool that allows third parties to protect their interests and participate in a lawsuit that may affect their rights. However, the process can be complex and requires a clear understanding of both the legal grounds for intervention and the specific rules in Washington State.

At the Law Office of Erin Bradley McAleer, we have experience handling motions to intervene and can provide expert legal advice on whether intervention is appropriate for your situation. If you believe your legal rights are at risk in a pending lawsuit, contact us today at (360) 334-6277 to discuss your case and learn how we can help you navigate the motion to intervene process.