Chapter 39: Oklahoma Pleading Code · Last amended November 1, 2016 · Last verified August 3, 2026
In one sentenceSection 2024 lets anyone intervene as of right when a statute grants that right or when the case's outcome could impair a practical interest, permits permissive intervention on a shared question of law or fact, and requires notice to the Attorney General and legislative leaders when a suit questions a state statute's constitutionality.
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; provided, there shall be a rebuttable presumption that disposition of a petition requesting the appointment of a guardian for an incapacitated or partially incapacitated person will impair or impede the ability to protect property or other rights of the persons required to receive notice of the appointment pursuant to Section 3-110 of Title 30 of the Oklahoma Statutes.
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.
C.PROCEDURE. A person desiring to intervene shall serve a motion to intervene upon the parties as provided in Section 2005 of this title. 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. If the motion to intervene is granted, the plaintiff or defendant, or both, may respond to the pleading of the intervenor within twenty (20) days after the date that the motion was granted unless the court prescribes a shorter time.
1.In any action, suit, or proceeding to which the State of Oklahoma or any agency, officer, or employee thereof is not a party, wherein the constitutionality of any statute of this state affecting the public interest is drawn into question, the court shall certify such fact to the Attorney General, and shall permit the State of Oklahoma to intervene for presentation of evidence, if evidence is otherwise admissible in the case, and for argument on the question of constitutionality. The State of Oklahoma shall, subject to the applicable provisions of law, have all the rights of a party and be subject to all liabilities of a party as to court costs to the extent necessary for a proper presentation of the facts and law relating to the question of constitutionality.
2.Upon receipt of notice pursuant to paragraph 1 of this subsection or other actual notice that the constitutionality of any statute of this state affecting the public interest is drawn into question, the Attorney General shall immediately deliver a copy of the proceeding to the Speaker of the House of Representatives and the President Pro Tempore of the Senate who may intervene on behalf of their respective house of the Legislature and who shall be entitled to be heard. Intervention by the Speaker of the House of Representatives or President Pro Tempore of the Senate shall not constitute waiver of legislative immunity.
Amendment History
Amended by Laws 2016, c. 320, s. 1, eff. 11/1/2016.
Added by Laws 1984, SB 417, c. 164, §26, eff. 11/1/1984; Amended by Laws 2003, SB 299, c. 142, §1, eff.
8/29/2003.
Plain-English Summary
Intervention lets an outsider join a pending case rather than start their own. Subsection A guarantees the right to intervene, on timely application, when a statute grants an unconditional right to do so, or when the applicant claims an interest in the property or transaction at issue that the case's outcome could, as a practical matter, impair, with a rebuttable presumption that a guardianship petition impairs the interests of anyone entitled to notice of the appointment. Subsection B allows permissive intervention on a conditional statutory right or when the applicant's claim or defense shares a common question with the main action, including government agencies relying on a statute or regulation they administer, with the court weighing whether intervention would unduly delay or prejudice the existing parties.
Procedurally, intervening means serving a motion to intervene on the parties, stating the grounds, and attaching a proposed pleading setting out the claim or defense; if the motion is granted, the original parties get twenty days to respond unless the court sets a shorter time. Subsection D adds a distinct public-interest mechanism: whenever a case not already involving the State draws a state statute's constitutionality into question, the court must certify that fact to the Attorney General, who then must be permitted to intervene to argue constitutionality, with full party rights and cost liability limited to that issue, and must also notify the Speaker of the House and the Senate's presiding officer, who may intervene on behalf of their chamber without waiving legislative immunity.
Frequently Asked Questions
When does someone have an absolute right to intervene in an Oklahoma lawsuit?
Under subsection A, when a statute grants an unconditional right to intervene, or when the applicant has an interest in the property or transaction at issue that the case's outcome could practically impair.
Can a government agency intervene in a private lawsuit?
Yes -- subsection B allows an agency relying on a statute, executive order, or regulation it administers to intervene on timely application when its involvement shares a common question with the main action.
What has to be filed to intervene in a pending case?
A motion to intervene, served on the existing parties, stating the grounds and accompanied by a proposed pleading setting out the intervenor's claim or defense, under subsection C.
What happens when a lawsuit challenges the constitutionality of an Oklahoma statute?
Under subsection D, the court must certify that fact to the Attorney General, who is entitled to intervene to argue constitutionality, and must also notify the House Speaker and Senate President Pro Tempore, who may intervene on behalf of the Legislature without waiving legislative immunity.
Source & verification. Section text is reproduced verbatim from
Title 12 of the Oklahoma Statutes, enacted by the Oklahoma Legislature.
Last verified August 3, 2026.
· Official source
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