{"data":{"id":"us-ok/okla.-stat.-tit.-12-12-2024","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 12, § 12-2024","heading":"Intervention","body":"INTERVENTION\n\nA. INTERVENTION OF RIGHT. Upon timely application anyone shall\n\nbe permitted to intervene in an action:\n\n1. When a statute confers an unconditional right to intervene;\n\nor\n\n2. When the applicant claims an interest relating to the\n\nproperty or transaction which is the subject of the action and the\n\napplicant is so situated that the disposition of the action may as a\n\npractical matter impair or impede the applicant's ability to protect\n\nthat interest; provided, there shall be a rebuttable presumption\n\nthat disposition of a petition requesting the appointment of a\n\nguardian for an incapacitated or partially incapacitated person will\n\nimpair or impede the ability to protect property or other rights of\n\nthe persons required to receive notice of the appointment pursuant\n\nto Section 3-110 of Title 30 of the Oklahoma Statutes.\n\nB. PERMISSIVE INTERVENTION. Upon timely application anyone may\n\nbe permitted to intervene in an action:\n\n1. When a statute confers a conditional right to intervene; or\n\n2. When an applicant's claim or defense and the main action\n\nhave a question of law or fact in common.\n\nWhen a party to an action relies for ground of claim or defense upon\n\nany statute or executive order administered by a federal or state\n\ngovernmental officer or agency or upon any regulation, order,\n\nrequirement or agreement issued or made pursuant to the statute or\n\nexecutive order, the officer or agency upon timely application may\n\nbe permitted to intervene in the action. In exercising its\n\ndiscretion the court shall consider whether the intervention will\n\nunduly delay or prejudice the adjudication of the rights of the\n\noriginal parties.\n\nC. PROCEDURE. A person desiring to intervene shall serve a\n\nmotion to intervene upon the parties as provided in Section 2005 of\n\nthis title. The motion shall state the grounds therefor and shall\n\nbe accompanied by a pleading setting forth the claim or defense for\n\nwhich intervention is sought. If the motion to intervene is\n\ngranted, the plaintiff or defendant, or both, may respond to the\n\npleading of the intervenor within twenty (20) days after the date\n\nthat the motion was granted unless the court prescribes a shorter\n\ntime.\n\nD. INTERVENTION BY STATE OF OKLAHOMA.\n\n1. In any action, suit, or proceeding to which the State of\n\nOklahoma or any agency, officer, or employee thereof is not a party,\n\nwherein the constitutionality of any statute of this state affecting\n\nthe public interest is drawn into question, the court shall certify\n\nsuch fact to the Attorney General, and shall permit the State of\n\nOklahoma to intervene for presentation of evidence, if evidence is\n\notherwise admissible in the case, and for argument on the question\n\nof constitutionality. The State of Oklahoma shall, subject to the\n\napplicable provisions of law, have all the rights of a party and be\n\nsubject to all liabilities of a party as to court costs to the\n\nextent necessary for a proper presentation of the facts and law\n\nrelating to the question of constitutionality.\n\n2. Upon receipt of notice pursuant to paragraph 1 of this\n\nsubsection or other actual notice that the constitutionality of any\n\nstatute of this state affecting the public interest is drawn into\n\nquestion, the Attorney General shall immediately deliver a copy of\n\nthe proceeding to the Speaker of the House of Representatives and\n\nthe President Pro Tempore of the Senate who may intervene on behalf\n\nof their respective house of the Legislature and who shall be\n\nentitled to be heard. Intervention by the Speaker of the House of\n\nRepresentatives or President Pro Tempore of the Senate shall not\n\nconstitute waiver of legislative immunity.","path":["OK Code","Title 12"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os12.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"d301653efd5246d3b2cfc2ed8faede30b4ef88a1305d97fcbef0b0978ac53b6c","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-12-12-2023.2","next":"us-ok/okla.-stat.-tit.-12-12-2025"},"notice":"GroundRules: Original legal text. Not legal advice."}