Legal Motion to Intervene

MOTION TO INTERVENE

Court:   County:

Case No.:   Judge:

Plaintiff:   Defendant:

Movant: hereby moves the Court for leave to intervene in the above-captioned action pursuant to applicable rules and statutes. This motion is based upon the facts, legal arguments, and declarations set forth below and the proposed pleading filed concurrently.

RECITALS

WHEREAS, Plaintiff initiated the above-captioned action against Defendant concerning matters related to: ; and

WHEREAS, Movant claims a direct, substantial, and legally protectable interest in the subject matter of this litigation by reason of:

WHEREAS, Movant's interest may be impaired or impeded by the disposition of this action unless Movant is permitted to intervene, and Movant's interest is not adequately represented by the existing parties for the reasons set forth below.

NOW THEREFORE, Movant respectfully requests the relief set forth in this Motion.

1. STATEMENT OF ISSUES AND STANDARD

Movant seeks intervention both as of right and, alternatively, permissive intervention. Intervention as of right is appropriate where the applicant demonstrates: (a) timeliness; (b) an interest relating to the property or transaction that is the subject of the action; (c) impairment of that interest by disposition of the action; and (d) inadequacy of representation by existing parties. Alternatively, permissive intervention is appropriate where the applicant's claim or defense shares common questions of law or fact and intervention will not unduly delay or prejudice the adjudication of rights.

2. FACTS SUPPORTING MOTION

2.1 Timeliness: Movant's motion is timely because:

2.2 Nature of Movant's Interest: Movant's interest consists of:

2.3 Impairment: Disposition of this action without Movant's participation is likely to impair Movant's ability to protect its interest because:

2.4 Inadequacy of Existing Representation: Existing parties do not adequately represent Movant's interests for the following reasons:

3. ALTERNATIVE: PERMISSIVE INTERVENTION

Movant seeks permissive intervention if the Court does not grant intervention as of right. Movant submits that its claim presents common legal and factual issues with the existing litigation and that intervention will not cause undue delay or prejudice. Movant requests permissive intervention on the grounds described below.

Claim presents common question(s) of law or fact
Intervention will not unduly delay or prejudice existing parties
Other:

Explanation and supporting facts for permissive intervention:

4. LEGAL ARGUMENT

Movant incorporates the preceding facts and submits that application of the governing authorities requires granting intervention. Movant will be prepared at hearing to demonstrate that each element for intervention as of right is satisfied and, in the alternative, that permissive intervention is warranted.

5. RELIEF REQUESTED

Movant respectfully requests that the Court enter an order:

1. Granting Movant leave to intervene in this action;
2. Permanently permitting Movant to file the proposed pleading attached hereto as Exhibit A; and
3. Setting a hearing on this motion at the Court's earliest convenience and granting such other and further relief as the Court deems just and proper.

Proposed hearing date (if requested):

6. NOTICE AND CONTACT INFORMATION

7. ATTACHMENTS

Movant has contemporaneously filed or will file the following documents in support of this Motion:

8. CERTIFICATION AND VERIFICATION

I, the undersigned declarant, declare under penalty of perjury under the laws applicable to this proceeding that the foregoing is true and correct to the best of my knowledge and belief.

9. CERTIFICATE OF SERVICE

I certify that on , a true and correct copy of this Motion was served on the parties of record as follows:

U.S. Mail   Electronic Service/Email   Hand Delivery

GOVERNING LAW

This Motion is submitted in accordance with and governed by the procedural and substantive laws applicable to the above-captioned action, including applicable statutes and rules of civil procedure and local court rules. Any interpretation of rights asserted herein shall be governed by those laws.

ENTIRE AGREEMENT

This Motion, the declarations and exhibits filed in support hereof, and the proposed pleading constitute the complete statement of Movant's position with respect to the relief requested herein and supersede any prior oral or written communications concerning the subject matter of this Motion.

SEVERABILITY

If any provision of this Motion or any portion of the relief requested is determined to be invalid or unenforceable, such invalidity shall not affect the remaining provisions, which shall continue in full force and effect to the extent permitted by law.

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