Motion to Intervene in Rhode Island

Background

“Upon timely application anyone shall be permitted to intervene in an action [w]hen 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.” (See Ret. Bd. of the Employees' Ret. Sys. of Providence v. Corrente (2017) 174 A.3d 1221, 1229.)

“A motion to intervene shall set out clearly and concisely facts from which the nature of the movant's alleged right or interest can be determined, the grounds of the proposed intervention, and the position of the movant in the proceeding.” (See id.)

General Information for Complaints and Motions

“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.”

Burns v. Segerson, 122 R.I. 123, 127 n.4 (R.I. 1979)

“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.” (See id.)

“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 therefore and shall be accompanied by a pleading setting forth the claim or defense for which intervention is sought.”(See City of Pawtucket v. Pawtucket Zoning, No. PC/10-0879, at *5 n.3 (R.I. Super. Apr. 28, 2010).)

“There are four requirements to intervene as of right pursuant to Rule 24(a)(2):

1. the applicant files a timely application,
2. the applicant claims an interest relating to the property or transaction which is the subject matter of the action,
3. the disposition of the action may as a practical matter impair or impede the applicant's ability to protect that interest, and 
4. the applicant's interest is not adequately represented by current parties to the action.”

(See Ret. Bd. of the Employees' Ret. Sys. of Providence v. Corrente (2017) 174 A.3d 1221, 1229.)

Standard of Review and Burdens of Proof

“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." (See Burns v. Segerson (1979) 122 R.I. 123, 127 n.4.)

“[T]his Court reviews a trial justice's grant of a motion to intervene for abuse of discretion, reversing only if the justice failed to apply the standards set forth in Rule 24(a)(2), or otherwise committed clear error." (See Hines Road, LLC , 113 A.3d at 928 [quoting Town of Coventry v. Baird Properties, LLC (2011) 13 A.3d 614, 619; Ret. Bd. of the Employees' Ret. Sys. of Providence v. Corrente (2017) 174 A.3d 1221, 1229.)

“Similarly, we have also utilized the abuse of discretion standard of review in the context of Rule 24(b)(2) —viz., permissive intervention.” (See Town of Smithfield v. Fanning (1992) 602 A.2d 939, 943–44 [holding that the trial justice did not abuse his discretion by declining to grant permissive intervention under Rule 24(b) )]; Hines Rd., LLC v. Hall (2015) 113 A.3d 924, 928.)

“The timeliness of a motion to intervene is a matter committed to the sound discretion of the trial justice." (See Marteg Corp. v. Zoning Board of Review of City of Warwick (1981) 425 A.2d 1240, 1242; Adams v. McKee, C.A. No. PC-2011-2275, at *1 (R.I. Super. Mar. 5, 2020).)

Meet and Confer

"The defendants shall provide to the plaintiffs, and the plaintiffs shall provide to the defendants, any additional factual and legal arguments to support their respective positions. Both parties must meet and confer to attempt to resolve any remaining issues as to the disputed documents before asking this Court for further hearing.” (See Waltz v. Exxon Mobil Corp., C.A. No. PC 02-2436, at *1 (R.I. Super. Jan. 11, 2007).)

The Court’s Decisions

It is well settled that “pursuant to Rule 24(a) of the Superior Court Rules of Civil Procedure, which states that, upon timely application and satisfaction of the requirements set forth in the rule, "anyone shall be permitted to intervene in an action[.]” (See Andrade v. Westlo Mgmt., 2020-112-M.P, at *23 (R.I. June 17, 2022).)

It is also well settled that pursuant to “Rule 17(b) any person with a right to intervene or an interest of such nature that intervention is necessary or appropriate may intervene in any proceeding before the Division." (See City of East Providence v. Narragansett Electric, C.A. No. 06-2888, at *1 (R.I. Super. June 15, 2006).)