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Idaho Civil Rule 24: InterventionDuring a personal injury case or other civil action, it is possible that other parties besides the Plaintiff and Defendant get involved with the proceedings. These situations are governed by Idaho Civil Rule 24. Intervention is when another party gets involved with a case without the permission of the original litigants. This can be done either as a matter of right or with the court’s permission.

The first part of Rule 24 is about when intervention is a matter of right, and the intervener does not need the court’s permission or the permission of the original party. This can be from a right granted by an Idaho statute or the party has an interest relating to the property or transaction that is the subject of the case.

Next, Rule 24 describes when the court may permit an intervention. This can also be by statute or if the intervener has a claim or defense that shares a common question of law or fact with the current case.

In addition, Rule 24 states when a government officer or agency can intervene. This can be either by statute or by a regulation.

Lastly, Rule 24 states that a motion to intervene must be served, in accordance with Rule 5, on all the parties.

Idaho Civil Rule 24: Intervention

  1. Intervention of right.On timely motion, the court must permit anyone to intervene who:
    • is given an unconditional right to intervene by an Idaho statute; or
    • claims an interest relating to the property or transaction that is the subject of the action, and is so situated that disposing of the action may as a practical matter impair or impede the movant’s ability to protect its interest, unless existing parties adequately represent that interest.
  2. Permissive intervention.
    • In general.On timely motion, the court may permit anyone to intervene who:
      1. is given a conditional right to intervene by an Idaho statute; or
      2. has a claim or defense that shares with the main action a common question of law or fact.
    • By a government officer or agency. On timely motion, the court may permit a federal or state governmental officer or agency to intervene if a party’s claim or defense is based on:
      1. a statute or executive order administered by the officer or agency; or
      2. any regulation, order, requirement, or agreement issued or made under the statute or executive order.
    • Delay or prejudice. In exercising its discretion, the court must consider whether the intervention will unduly delay or prejudice the adjudication of the original parties’ rights.
  3. Notice and pleading required. A motion to intervene must be served on the parties as provided in Rule 5. The motion must state the grounds for intervention and be accompanied by a pleading that sets out the claim or defense for which intervention is sought.

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