Oklahoma § 12-2024

§ 12-2024.

Intervention

INTERVENTION

A. INTERVENTION OF RIGHT. Upon timely application anyone shall

be permitted to intervene in an action:

1. When a statute 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; provided, there shall be a rebuttable presumption

that disposition of a petition requesting the appointment of a

guardian for an incapacitated or partially incapacitated person will

impair or impede the ability to protect property or other rights of

the persons required to receive notice of the appointment pursuant

to Section 3-110 of Title 30 of the Oklahoma Statutes.

B. PERMISSIVE INTERVENTION. Upon timely application anyone may

be permitted to intervene in an action:

1. When a statute 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 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 Section 2005 of

this title. 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. If the motion to intervene is

granted, the plaintiff or defendant, or both, may respond to the

pleading of the intervenor within twenty (20) days after the date

that the motion was granted unless the court prescribes a shorter

time.

D. INTERVENTION BY STATE OF OKLAHOMA.

Oklahoma Statutes - Title 12. Civil Procedure

1. In any action, suit, or proceeding to which the State of

Oklahoma or any agency, officer, or employee thereof is not a party,

wherein the constitutionality of any statute of this state affecting

the public interest is drawn into question, the court shall certify

such fact to the Attorney General, and shall permit the State of

Oklahoma to intervene for presentation of evidence, if evidence is

otherwise admissible in the case, and for argument on the question

of constitutionality. The State of Oklahoma shall, subject to the

applicable provisions of law, have all the rights of a party and be

subject to all liabilities of a party as to court costs to the

extent necessary for a proper presentation of the facts and law

relating to the question of constitutionality.

2. Upon receipt of notice pursuant to paragraph 1 of this

subsection or other actual notice that the constitutionality of any

statute of this state affecting the public interest is drawn into

question, the Attorney General shall immediately deliver a copy of

the proceeding to the Speaker of the House of Representatives and

the President Pro Tempore of the Senate who may intervene on behalf

of their respective house of the Legislature and who shall be

entitled to be heard. Intervention by the Speaker of the House of

Representatives or President Pro Tempore of the Senate shall not

constitute waiver of legislative immunity.

Added by Laws 1984, c. 164, § 26, eff. Nov. 1, 1984. Amended by

Laws 2003, c. 142, § 1; Laws 2016, c. 320, § 1, eff. Nov. 1, 2016.