(a) Intervention of right. On timely motion, the court must permit anyone to intervene who:
(1) is given an unconditional right to intervene by a statute; or
(2) claims an interest relating to the property or transaction that is the subject of the action, and is so situated that disposing of the action may as a practical matter impair or impede the movant's ability to protect its interest, unless existing parties adequately represent that interest.
(1) In General. On timely motion, the court may permit anyone to intervene who:
(A) is given a conditional right to intervene by a statute; or
(B) has a claim or defense that shares with the main action a common question of law or fact.
(2) By a Governmental Entity. On timely motion, the court may permit a governmental entity to intervene if a party's claim or defense is based on:
(A) a statute or executive order administered by the governmental entity; or
(B) any regulation, order, requirement, or agreement issued or made under the statute or executive order.
(3) Delay or Prejudice. In exercising its discretion, the court must consider whether the intervention will unduly delay or prejudice the adjudication of the original parties' rights.
(c) Notice and motion required. A motion to intervene must be served on the parties as provided in Rule 5. The motion must state the grounds for intervention and set out the claim or defense for which intervention is sought.
(1) Challenges to a statute. If a party challenges the constitutionality of a statute in an action in which the Attorney General has not appeared, the party raising the question of constitutionality shall notify the Attorney General of such fact by serving the notice on the Attorney General by email or, if circumstances prevent service by email, by mail at the address below. The party shall then file proof of service with the court.
Office of the Utah Attorney General
Attn: Utah Solicitor General
350 North State Street, Suite 230
P.O. Box 142320
Salt Lake City, Utah 84114-2320
(A) Form and content. The notice shall (i) be in writing, (ii) be titled “Notice of Constitutional Challenge Under URCP 24(d),” (iii) concisely describe the nature of the challenge, and (iv) include, as an attachment, the pleading, motion, or other paper challenging constitutionality as set forth above.
(B) Timing. The party shall serve the notice on the Attorney General or other governmental entity on or before the date the party files the paper challenging constitutionality as set forth above.
(A) Within 14 days after the deadline for the parties to file all papers in response to the constitutional challenge, the Attorney General or other governmental entity (“responding entity”) shall file a notice of intent to respond unless the responding entity determines that a response is unnecessary. The responding entity may seek up to an additional 7 days’ extension of time to file a notice of intent to respond.
(B) If the responding entity files a notice of intent to respond within the time permitted by this rule, the court will allow the responding entity to file a response to the constitutional challenge and participate at oral argument when it is heard.
(C) Unless the parties stipulate to or the court grants additional time, the responding entity’s response to the constitutional challenge shall be filed within 14 days after filing the notice of intent to respond.
(D) The responding entity’s right to respond to a constitutional challenge under Rule 25A of the Utah Rules of Appellate Procedure is unaffected by the responding entity’s decision not to respond under this rule.
(5) Failure to provide notice. Failure of a party to provide notice as required by this rule is not a waiver of any constitutional challenge otherwise timely asserted. If a party does not serve a notice as required by this rule, the court may postpone the hearing until the party serves the notice.
(e) Indian Child Welfare Act Proceedings. In proceedings subject to the Indian Child Welfare Act of 1978, 25 U.S.C. sections 1901–63:
(1) The Indian child’s tribe is not required to formally intervene in the proceeding unless the tribe seeks affirmative relief from the court.
(2) If an Indian child’s tribe does not formally intervene in the proceeding, official tribal representatives from the Indian child’s tribe have the right to participate in any court proceeding. Participating in a court proceeding includes:
(A) being present at the hearing;
(B) addressing the court;
(C) requesting and receiving notice of hearings;
(D) presenting information to the court and parties that is relevant to the proceeding;
(E) submitting written reports and recommendations to the court and parties; and
(F) performing other duties and responsibilities as requested or approved by the court.
(3) The designated representative must provide the representative’s contact information in writing to the court and to the parties.
(4) As provided in Rule 14-802 of the Supreme Court Rules of Professional Practice, before a nonlawyer may represent a tribe in the proceeding, the tribe must designate the nonlawyer representative by filing a written authorization. If the tribe changes its designated representative or if the representative withdraws, the tribe must file a written substitution of representation or withdrawal.
Effective November 1, 2021