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Rule 24 – Intervention

May 14, 2021 | Civil Procedure, Ohio

(A) Intervention of right. Upon timely application anyone shall be permitted to intervene in an action:

(1) when a statute of this state confers an unconditional right to intervene; or
(2) when the applicant claims an interest relating to the property or transaction that 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.
(B) Permissive intervention. Upon timely application anyone may be permitted to intervene in an action:

(1) when a statute of this state 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. 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.
(C) Procedure. A person desiring to intervene shall serve a motion to intervene upon the parties as provided in Civ. R. 5. The motion and any supporting memorandum shall state the grounds for intervention and shall be accompanied by a pleading, as defined in Civ. R. 7(A), setting forth the claim or defense for which intervention is sought. The same procedure shall be followed when a statute of this state gives a right to intervene.

Ohio. Civ.R. 24

Effective:July 1, 1970; Amended July 1, 1999.

Staff Note (July 1, 1999 Amendment)

Rule 24(A) Intervention of right

Masculine references were made gender-neutral; there were no substantive amendments to this division.

Rule 24(C) Procedure

The 1999 amendment was intended to clarify that the “pleading” to be filed with a motion to intervene requires more than just a memorandum in support of the motion to intervene. The Note following Form 17 in the Appendix of Forms was amended accordingly.