W. Va. Code R. § 187-3-15

Current through Register Vol. XLI, No. 50, December 13, 2024

Section 187-3-15 - Intervention

15.1. Upon timely application anyone shall be permitted to intervene in an action:

(1) when a statute of this state 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 he is so situated that the disposition of the action may, as a practical matter, impair or impede his ability to protect that interest, unless the applicant's interest is adequately represented by existing parties.

15.2. Upon timely application anyone- may be permitted to intervene in an action:

(1) when a state 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. 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 may 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 presiding officer shall consider whether the intervention will unduly delay or prejudice and adjudication of the right of the original parties.

15.3. Intervention under sections 15.1 and 15.2 shall be by motion filed pursuant to sections 7 and 10 of this rule.

W. Va. Code R. § 187-3-15