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Rule 1-024.Intervention

Last amended July 1, 1995 · Last verified June 26, 2026

In one sentenceRule 1-024 lets a nonparty intervene in a case as of right when its interest may be impaired, or by permission when its claim shares a common question with the main action.

Full Text of Rule 1-024

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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 the applicant is so situated that the disposition of the action may as a practical matter impair or impede the applicant's ability to protect that interest, unless the applicant's interest is adequately represented by existing parties.
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 pursuant to this paragraph the court shall consider whether the intervention will unduly delay or prejudice the adjudication of the rights of the original parties.
C. Procedure. A person desiring to intervene pursuant to Paragraph A or B of this rule shall serve a motion to intervene upon the parties as provided in Rule 1-005 NMRA. The motion shall state the grounds 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 gives a right to intervene.
End

Rule History

[As amended, effective July 1, 1995.]

Plain-English Summary

This rule lets an outsider join a pending case. Intervention is of right—on timely application—when a statute confers an unconditional right, or when the applicant has an interest in the property or transaction at the heart of the case and deciding the case could, as a practical matter, impair its ability to protect that interest, unless existing parties already represent it adequately.

Permissive intervention is available, again on timely application, when a statute gives a conditional right or when the applicant’s claim or defense shares a common question of law or fact with the main action; a government officer or agency may intervene when a party relies on a statute or regulation it administers. In exercising discretion, the court weighs whether intervention would unduly delay or prejudice the original parties. Either way, the would-be intervenor serves a motion stating the grounds, accompanied by a pleading setting out the claim or defense.

Frequently Asked Questions

What is the difference between intervention of right and permissive intervention?

Intervention of right applies when a statute grants it or when the applicant’s interest may be impaired and is not adequately represented. Permissive intervention is discretionary and applies when the applicant’s claim shares a common question with the main action.

How does someone intervene?

By serving a timely motion that states the grounds and is accompanied by a pleading setting forth the claim or defense for which intervention is sought.

Source & verification. Rule text and Committee commentary reproduced verbatim from the New Mexico Rules of Civil Procedure for the District Courts (Rule 1-024 NMRA), published by the New Mexico Compilation Commission (NMOneSource). Promulgated by the Supreme Court of New Mexico. The plain-English summary is original and draws on the official annotations. Last verified June 26, 2026. · Official source
Also known as: interventionintervention of rightpermissive interventionmotion to intervene