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Rule 24 – Intervention.

May 14, 2021 | Domestic Relations, Family Law, Rhode Island

(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;
(2) When the representation of the applicant’s interest by existing parties is or may be inadequate and the applicant is or may be bound by a judgment in the action; or
(3) When the applicant is so situated as to be adversely affected by a distribution or other disposition of property which is in the custody or subject to the control or disposition of the court or an officer thereof.
(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 Rule 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.
(d) Intervention by the Attorney General. When the constitutionality of an act of the legislature is drawn in question in any action to which the state or an officer, agency, or employee thereof is not a party, the party asserting the unconstitutionality of the act shall notify the attorney general within such time to afford the party an opportunity to intervene.

R.I. Fam. Ct. R. Dom. Rel. P. 24