Motion to Intervene in North Carolina

Understanding the Purpose and Significance of a Motion to Intervene

“Motions to intervene are governed by N.C. Gen. Stat. sub. sec. 1A-1, Rule 24 (1999).” (See Taylor v. Abernethy (2002) 149 N.C. App. 263, 267.)

“Pursuant to Rule 24(a)(2) of the North Carolina Rules of Civil Procedure, a party can intervene in an action upon timely application when he claims an interest relating to the property or transaction which is the subject of the action and he is so situated that the disposition of the action may as a practical matter impair or impede his ability to protect that interest, unless the applicant's interest is adequately represented by existing parties." (See N.C. Gen. Stat. sub. sec. 1A-1, Rule 24(a)(2) (1990); In re Gertzman (1994) 115 N.C. App. 634, 637.)

“There are three prerequisites to intervention as of right: (1) an interest relating to the property or transaction; (2) practical impairment of the protection of that interest; and (3) inadequate representation of that interest by existing parties." (See id.)

“Additionally, Rule 24(b)(2) states upon a timely application anyone shall be permitted to intervene in an action [w]hen an applicant's claim or defense and the main action have a question of law or fact in common." (See N.C. Gen. Stat. sub. sec. 1A-1, Rule 24(b)(2) (2016); Edwards ex rel. Transworld Heart Corp. v. Richardson, No. COA16-1178, at *10 (N.C. Ct. App. Sep. 19, 2017).)

Timeliness Involved in Filing a Motion to Intervene

“Rule 24 requires that an application to intervene be `timely.'” (See Taylor v. Abernethy (2002) 149 N.C. App. 263, 267-68.)

“In determining whether such a motion is timely, the trial court considers the following: (1) the status of the case, (2) the possibility of unfairness or prejudice to the existing parties, (3) the reason for the delay in moving for intervention, (4) the resulting prejudice to the applicant if the motion is denied, and (5) any unusual circumstances.” (See id.)

“A motion to intervene is rarely denied as untimely prior to the entry of judgment, and may be considered timely even after judgment is rendered if extraordinary and unusual circumstances exist." (See id.)

"Whether a motion to intervene is timely is a matter within the sound discretion of the trial court and will be overturned only upon a showing of abuse of discretion." (See id.)

Discretion of the Court in Deciding a Motion to Intervene

“It is within the trial court's discretion whether the intervention will unduly delay or prejudice the adjudication of the rights of the original parties." (See Edwards ex rel. Transworld Heart Corp. v. Richardson, No. COA16-1178, at *10 (N.C. Ct. App. Sep. 19, 2017).)

“A ruling committed to a trial court's discretion is to be accorded great deference and will be upset only upon a showing that it was so arbitrary that it could not have been the result of a reasoned decision.” (See Taylor v. Abernethy (2002) 149 N.C. App. 263, 268.)

Legal Precedents and Case Law on a Motion to Intervene

It is well settled that “any person having a direct interest in the subject matter shall be allowed to intervene in any pending proceeding.” (See State ex rel. Utilities Commission v. Carolina Utility Customers Ass'n Inc. (1998) 348 N.C. 452, 463.)

It is also well settled that “once an intervenor becomes a party, he is entitled to participate as fully as any other party.” (See In re S.D.W. (2013) 745 S.E.2d 38, 42.)