SCRCP 24

(a) Intervention of Right. Upon timely application anyone shall be permitted to intervene in an

action: (1) when a statute confers an unconditional right to intervene; or (2) 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.

Note:

This is the same as Federal Rule 24(a). Intervention of right under this Rule is a

counterpart to Rule 19(a) on joinder of persons needed for a just adjudication; where,

upon motion of a party in an action, an absentee should be joined so that he may

protect his interest which as a practical matter may be substantially impaired by the

disposition of the action, he ought to have a right to intervene in the action on his

own motion. The Rule expands intervention of right as provided by Code § 15-5-200,

and Circuit Court Rule 22.

(b) Permissive Intervention. Upon timely application anyone may be permitted to intervene in an

action: (1) when a statute confers a conditional right to intervene; or (2) when an applicant's claim or

defense and the main action have a question of law or fact in common. When a party to an action

relies for ground of claim or defense upon any statute or executive order administered by a federal or

state governmental officer or agency or upon any regulation, order, requirement or agreement issued

or made pursuant to the statute or executive order, the officer or agency upon timely application may

be permitted to intervene in the action. In exercising its discretion the court shall consider whether the

intervention will unduly delay or prejudice the adjudication of the rights of the original parties.

Note:

This is the language of current Federal Rule 24(b) with one minor change to delete an

unnecessary reference to federal law. It provides a needed procedure to permit

intervention by parties who ought to be allowed to intervene, but have no direct right

to intervene under Rule 24(a).

(c) Procedure; Notice to State When Validity of Statute Questioned. A person desiring to intervene

shall serve a motion to intervene upon the parties as provided in Rule 5. The motion shall state the

ground therefor and shall be accompanied by a pleading setting forth the claim or defense for which

intervention is sought. The same procedure shall be followed when a statute of this State gives a right

to intervene. When the constitutionality of a statute is drawn in question in any action in which the

State or an officer, agency or employee thereof is not a party, the party shall also serve the motion on

the Attorney General.

Note:

This language is a modification of Federal Rule 24(c). The last two sentences,

providing that the same procedure will be followed when a statute permits

intervention, and for notice to the Attorney General when a statute is alleged to be

unconstitutional, are modified slightly to make them applicable to State practice. Code

§ 15-33-80 gives the Attorney General a statutory right to intervene in declaratory

judgment actions. The language of the Federal Rule on these matters is preferred

because Rule 24(c) is procedural, and designed for notice to the Attorney General so

that he may decide whether or not to intervene in any case challenging the

constitutionality of a statute, while the present statute apparently applies only to

declaratory judgment actions.