Rule 16.319 - Filing by potential intervenors or by nonparties(1)Potential intervenor filers.a. Manner in which to intervene. A person or entity seeking to intervene to become a party to a case must electronically file the application to intervene and all related documents unless excused from EDMS registration under rule 16.302(2).b. Access to court file.(1) Until the court grants the application to intervene, the person or entity seeking to intervene cannot download or view any confidential part of the court file, and the person or entity will not receive a notice of electronic filing or presentation of any document filed in the case.(2) If the court grants the application to intervene, the person or entity must promptly file an entry of appearance or a notice of case association.(3) An entry of appearance or a notice of case association must be filed before the person or entity can receive a notice of electronic filing or presentation.c. Service.(1) The documents a person or entity seeking to intervene files must be served pursuant to rules 16.315(1) (b) and 16.315(2).(2) The person or entity seeking to intervene is required to serve a paper copy of the document on parties who are nonregistered filers. See rule 16.315(2).(3) If the court or a party files a document related to the application to intervene, a paper copy of the document must be served on the potential intervenor in the same manner as a nonregistered filer. See rules 16.315(2) and 16.318(1).(4) If the application to intervene is granted, the intervenor will subsequently be served copies of filed documents pursuant to rules 16.315 and 16.318(2). COMMENT:
Rule 16.319(1). Examples of a party seeking to intervene in a case include a grandparent or relative seeking to become a party in a chapter 232 Child-in-Need-of-Assistance case or an attorney for an interested party in an estate. [Court Order November 21, 2016, temporarily effective November 21, 2016, permanently effective February 1, 2017]
(2)Nonparty filers.a. Filing. Nonparty persons or entities entitled to file documents in a case without becoming a party need not appear in order to file documents. However, a nonparty filer must use electronic filing unless excused from EDMS registration under rule 16.302(2).b. Access to court files. A nonparty cannot access the case remotely or download or view any confidential part of the court file. Additionally, a nonparty will not receive a notice of electronic filing or presentation of any document filed in the case.c. Service. EDMS will serve on registered parties any documents a nonparty files. See rule 16.315(1) (b). The nonparty, however, must serve a paper copy of the document on parties who are nonregistered filers. See rule 16.315(2). If service of a document on the nonparty is required, a paper copy of the document must be served on the nonparty in the same manner as on a nonregistered filer. See rules 16.315(2) and 16.318(2).Court Order November 21, 2016, temporarily effective 11/21/2016, permanently effective 2/1/2017.COMMENT:
Rule 16.319(2). This rule describes the filing and serving of documents when the filer does not intend to intervene to become a party to the case and will not enter an appearance or file an answer or a notice of case association in order to be indexed to the case by the clerk of court. An example of a nonparty filer who wishes to file on a case but not become a party to the case is a person who seeks to quash a subpoena.