Because the pressure to allow intervention "of right" under Rule 24 (a) is by its very nature more compelling than is permissive intervention, most courts tend to require less rigidity in evaluation of timeliness under Rule 24 (a).

In order to intervene as of right under Fed. R. Civ. P. 24 (a),[2] the proposed intervenor must demonstrate 1) that it has an interest in the subject matter of the action, 2) that disposition of the action may practically impair or impede the movant's ability to protect that interest, and 3) that the interest is not adequately represented by the existing parties.

The various situations are discussed in greater detail in 7A Charles Alan Wright et al., Federal Practice and Procedure § 1908 (1986 & Supp. 1990). 15.

Furthermore, where intervention as of right is sought, courts have tended to be more liberal in exercising their discretion over the timeliness requirement.

—in the context of motion to intervene, Fifth Circuit has held "[i] ntervention generally is inappropriate where the applicant can protect its interests and/or recover on its claim through some other means." The Court noted, "Lane is already participating in a lawsuit against Allstate in federal court in Nevada. Thus, he can protect any interest he has in these materials by filing a …

This interest has also been described as "a direct, substantial, legally protectable interest in the proceedings

Nor is this a case where, without intervention, it would be impossible for the proposed intervenor to obtain in personam jurisdiction over an alien party in which it seeks relief.

None of the parties already in the lawsuit could have been prejudiced by the detainees' intervention.

The authority of a trial court to impose sanctions should be exercised no more drastically than is actually required to protect the rights of the other parties

—holding that a discovery sanctions order was appealable because prompt review was necessary to protect funds that would be subject to the claims of an intervening party

[CITATION] Sanctions Imposable for Violations of the Federal Rules of Civil Procedure

[PDF] Sanctioning Attorneys for Discovery Abuse Under the New Federal Rules: On …