Intervention

(a) Intervention of Right. On timely motion, the court must permit anyone to intervene who: (1) is given an unconditional right intervene by a federal statute; or to (2) claims an interest relating to the property or transaction that is the subject of the action, and is so situated that disposing of the action may as a practical matter impair or impede the movant’s ability to protect its interest, unless existing parties adequately represent that interest. (b) Permissive Intervention. (1) In General. On timely motion, the court may permit anyone to intervene who: (A) is given a conditional right intervene by a federal statute; or (B) has a claim or defense that shares with the main action a common question of law or fact. to (2) By a Government Officer or Agency. [Not used.] (3) Delay or Prejudice. In exercising its discretion, the court must consider whether the intervention will unduly delay or prejudice the adjudication of the original parties’ rights. (c) Notice and Pleading Required. A motion to intervene must be served on the parties as provided in RCFC 5. The motion must state the grounds for the intervention and be accompanied by a pleading that sets out the claim or defense for which intervention is sought. (As revised and reissued May 1, 2002; as amended Nov. 3, 2008.) Rules Committee Notes 2002 Revision to Minor changes have been made subdivision (c) of this rule in order to more closely conform to FRCP 24. 2008 Amendment The language of RCFC 24 has been amended to conform to the general restyling of the FRCP. In addition, as pointed out in the 2007 Committee Note in the FRCP, the final sentence in subdivision (c)—specifying that the procedure called for under the rule “shall be followed when a statute of the United States gives a right to intervene”—was deleted as unnecessary.