Motion to Intervene in Minnesota

Background

"Upon timely application anyone shall be permitted to intervene in an action 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." (See Zimmerman Realty v. Village of Roseville (1973) 297 Minn. 74, 75-76.)

General Information for Complaints and Motions

“Upon timely application anyone may be permitted to intervene in an action when an applicant's claim or defense and the main action have a question of law or fact in common.” (See Zimmerman Realty v. Village of Roseville (1973) 297 Minn. 74, 76.)

“It is not necessary under our statutes to apply to the court for leave to intervene.” (See Scott v. Van Sant (1935) 193 Minn. 465, 468.)

“If a party brings himself within the terms of statutes, he has an absolute right to intervene.” (See id.)

Standard of Review and Burdens of Proof

“A decision concerning intervention is left to the discretion of the trial court and will be reversed only when there has been a clear abuse of its discretion.” (See Norman v. Refsland (1986) 383 N.W.2d 673, 676.)

“A district court abuses its discretion by making findings unsupported by the evidence or by improperly applying the law.” (See In re M.L.S. (2021) 964 N.W.2d 441, 451.)

“An appellate court will reverse the denial of a request to permissively intervene only when a clear abuse of discretion is shown.” (See id.)

The Court’s Decisions

It is well settled that “an order denying intervention of right, the subject of Minnesota Rules of Civil Procedure 24.01, is appealable.” (See Norman v. Refsland (1985) 370 N.W.2d 488.)

It is also well settled that “although an intervenor must have an interest relating to the property or transaction which is the subject of the action, Rule 24.01 does not require a potential intervenor to show a likelihood or probability of success on the merits. The rule requires merely a claimed interest, not a certain one." (See Miller v. Miller (2021) 953 N.W.2d 489, 494.)