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Rule 1.407 – Interventions

May 13, 2021 | Civil Procedure, Iowa

1. 407(1)Intervention of right. Upon timely application, anyone shall be permitted to intervene in an action under any of the following circumstances:

a. When a statute confers an unconditional right to intervene.
b. When the applicant claims an interest relating to the property or transaction which is the subject of the action and the applicant is so situated that the disposition of the action may as a practical matter impair or impede the applicant’s ability to protect that interest, unless the applicant’s interest is adequately represented by existing parties.
1. 407(2)Permissive intervention. Upon timely application, anyone may be permitted to intervene in an action under any of the following circumstances:

a. When a statute confers a conditional right to intervene.
b. When an applicant’s claim or defense and the main action have a question of law or fact in common.
c. When a party to an action relies for ground of claim or defense upon any statute or executive order administered by a federal or state governmental officer or agency or upon any regulation, order, requirement, or agreement issued or made pursuant to the statute or executive order, the officer or agency upon timely application may be permitted to intervene in the action.

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.

1. 407(3)Procedure. A person desiring to intervene shall serve a motion to intervene upon the parties. 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.
1. 407(4)Disposition. The court shall grant interventions of right unless the applicant’s interest is adequately represented by existing parties. The court shall consider applications for permissive intervention and grant or deny the application as the circumstances require. The intervenor shall have no right to delay, and shall pay the costs of the intervention unless the intervenor prevails.

Iowa. R. Civ. P. 1.407

Report 1943; October 31,1997, effective January 24, 1998;November 9, 2001, effective February 15, 2002.

COMMENT: The amendments to former Iowa R. Civ. P. 75, now rule 1.407, adopted provisions substantially similar to Fed. R. Civ. P. 24 and allow the trial court more discretion in determining whether to allow intervention.