§ Rule 24. Intervention

Codes > District of Columbia Official Code > Superior Court > IV. Parties > Rule 24.

Rule 24. Intervention

(a) Intervention of Right.Upon timely application anyone shall be permitted to intervene in an action: (1) when applicable law confers an unconditional right to intervene; or (2) when 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.

(b) Permissive Intervention.Upon timely application anyone may be permitted to intervene in an action: (1) when applicable law 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, District of Columbia, 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. The same procedure shall be followed when applicable law gives a right to intervene. When the constitutionality of an act of Congress affecting the public interest is drawn in question in any action to which the United States or an officer, agency, or employee thereof is not a party, the court shall notify the Attorney General of the United States in the manner provided in Title 28, U.S.C. § 2403. When the constitutionality, or the validity under the District of Columbia Self-Government and Government Reorganization Act of 1973, of an order, regulation, or enactment of any type affecting the public interest of the District of Columbia is drawn into question in any action in which the District of Columbia or an officer, agency, or employee thereof is not a party, the court shall notify the Corporation Counsel of the District of Columbia in a manner similar to that provided for notice upon the Attorney General of the United States in Title 28, U.S.C. § 2403. In an action of the type described in the two preceding sentences, any pleading alleging the unconstitutionality or invalidity under the Self-Government Act of such an act, order, regulation, or enactment shall bear immediately below the caption the inscription “RULE 24 NOTIFICATION REQUIRED.”

When the constitutionality of any statute of a State affecting the public interest is drawn in question in any action in which that State or any agency, officer, or employee thereof is not a party, the court shall notify the attorney general of the State as provided in Title 28, U.S.C. § 2403.

A party challenging the constitutionality or validity under the Self-Government Act of legislation should call the attention of the court to its consequential duty, but failure to do so is not a waiver of any constitutional right otherwise timely asserted.