Civil Procedure Multistate Bar Practice Exam

Which of the following is NOT a requirement of intervention of right?

1. The absentee's interest may be harmed

2. The interest is adequately represented by current parties

3. The absentee must be a third party

4. The motion must be timely

The correct answer is: The interest is adequately represented by current parties

Intervention of right allows a non-party to join an existing lawsuit when they have a significant interest in the outcome that could be adversely affected if not included. The key requirements for intervention of right include: 1. The absentee's interest must be significantly affected by the action, which means that if they aren't allowed to participate, their interests may indeed be harmed. 2. The motion to intervene must be made in a timely manner, ensuring that the intervention does not disrupt the proceedings unduly. 3. It's important that the individual wishing to intervene has a sufficient stake in the matter; however, stating that the absentee must be a third party can be misleading. Intervention can be for individuals or entities that have a legitimate stake in the proceedings and are not currently parties. The assertion that the interest is adequately represented by current parties negates one of the central tenets of intervention of right. If someone's interest is adequately represented, that individual may not need to intervene, as their position is already covered by the existing parties. This directly contradicts the purpose of intervention, which is to allow for participation when there is a concern that one's interests may not be effectively protected by those currently involved. Therefore, the requirement that the interest is adequately represented is not true for intervention