§ 9-11-24. Intervention

1. 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 matter 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.
2. 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.

      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.

3. Procedure.    A person desiring to intervene shall serve a motion to intervene upon the parties as provided in Code Section 9-11-5. 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. The same procedure shall be followed when a statute gives a right to intervene.

History. Ga. L. 1966, p. 609, § 24; Ga. L. 1967, p. 226, § 12; Ga. L. 1968, p. 1104, § 8.

Cross references.

Form of motion to intervene as defendant, § 9-11-123 .

Interposing of third-party claims in attachment proceedings, § 18-3-50 et seq.

U.S. Code.

For provisions of Federal Rules of Civil Procedure, Rule 24, see 28 U.S.C.

Law reviews.

For article, “Synopses of 1968 Amendments to the Appellate Procedure Act and Georgia Civil Practice Act,” see 4 Ga. St. B.J. 503 (1968).

For article, “The Child as a Party in Interest in Custody Proceedings,” see 10 Ga. St. B.J. 577 (1974).

For comment on Rogers v. Medical Ass’n, 244 Ga. 151 , 259 S.E.2d 85 (1979), as to unconstitutional delegation of legislative authority to a private organization, see 29 Emory L.J. 1183 (1980).

For note on permissive intervention of grandparents in divorce proceedings, see 26 Ga. L. Rev. 787 (1992).