Arizona

Civil Procedure

Civil Procedure

Rule 24 – Intervention

(a) Intervention of Right. On timely motion, the court must permit anyone to intervene who:

(1) has an unconditional right to intervene under a statute; or
(2) claims an interest relating to the subject of the action, and is so situated that disposing of the action in the person’s absence may as a practical matter impair or impede the person’s ability to protect that interest, unless existing parties adequately represent that interest.
(b) Permissive Intervention.

(1)Generally. On timely motion, the court may permit anyone to intervene who:

(A) has a conditional right to intervene under a statute; or
(B) has a claim or defense that shares with the main action a common question of law or fact.
(2)By a Government Officer or Agency. On timely motion, the court may permit a state governmental officer or agency to intervene if a party’s claim or defense is based on:

(A) a statute administered by the officer or agency; or
(B) any regulation, order, requirement, or agreement issued or made under a statute administered by the officer or agency.
(3)Delay or Prejudice. In exercising its discretion over permissive intervention, the court must consider whether the intervention will unduly delay or prejudice the adjudication of the original parties’ rights.
(c) Procedure.

(1)Requirements of Motion. Anyone moving to intervene must:

(A) serve the motion on the parties as provided in Rule 5(c); and
(B) attach as an exhibit to the motion a copy of the proposed pleading in intervention that sets out the claim or defense for which intervention is sought.
(2)Filing and Serving Pleading in Intervention. Unless the court orders otherwise, an intervenor must file and serve the pleading in intervention within 10 days after entry of the order granting the motion to intervene.
(3)Response to Pleading in Intervention. If the pleading in intervention is one to which a party must respond, that party must plead in response to the pleading in intervention within 20 days after it is served. If the pleading in intervention does not require a party to file a responsive pleading, that party may plead in response to the pleading in intervention within 20 days after it is served.

Ariz. R. Civ. P. 24

Amended effective January 1, 2017.