In the U.S., “intervention” is a Civil Law procedure where someone not currently part of a case can join the case to make sure their interests get fairly represented.
Types of Intervention
There are two types of intervention:
- Intervention of Right – When an external party seeks to participate in a case through “intervention of right,” they file a motion with the court providing sufficient evidence that they have a direct interest in the money, property, or issues involved. They must demonstrate that not joining the case would risk injustice to them, and that no existing party adequately represents their interests.
- Permissive Intervention – In “permissive intervention,” an external party attempts to join a case without having a direct financial interest. Instead, they seek to clarify or interpret a specific legal question or statute that is pertinent to the case.
Sometimes, the interpretation of a law in a case may only arise if another party intervenes and raises the issue themselves. A judge can either deny the request or allow the party to join the case if the legal question is significant enough to warrant consideration for a broader group.
Related Terms
- Intervenor: The external person or party who joins the case upon court permission.
- Joinder: Intervention is a type of joinder, a legal process involving adding plaintiffs, defendants, or new claims to a case.
- Motion: A formal request made to a judge to decide on a specific issue.
- File: To submit a document or item to the court for review and potential inclusion in a case.
What Does Intervention Mean? Let’s Break It Down In Layman’s Terms:
There are various reasons why someone might seek to be included in an ongoing case. For instance, in a personal injury lawsuit stemming from a car accident caused by a negligent driver, not only the driver of another vehicle but also a passenger or pedestrian who discovers injuries later might have a strong interest in being added as parties to ensure their unique issues and perspectives are fairly represented.
You might hear “intervention” used like this, here’s what it means:
“Did you submit the motion for intervention of right on behalf of our new client?”
Translation: Our injured client needs to be officially added to this case. Have you, as the paralegal, attorney, or assistant, gone to the court clerk’s office to file our request with the judge so that our injured client can be formally included in the case upon approval?
