Effective - 28 Aug 1943
507.090. Intervention — when as of right and when permissive — procedure. — 1. 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 representation of the applicant's interest by existing parties is or may be inadequate and the applicant is or may be bound by a judgment in the action; or
(3) When the applicant is so situated as to be adversely affected by a distribution or other disposition of property in the custody of the court or of an officer thereof.
2. 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. 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.
3. (1) A person desiring to intervene shall serve a motion to intervene upon all parties affected thereby. 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 of this state gives a right to intervene.
(2) When the validity of a statute, regulation or constitutional provision of this state, or an ordinance or regulation of a governmental subdivision thereof affecting the public interest is drawn in question in any action to which the state or governmental subdivision or an officer, agency or employee thereof is not a party, the court may in its discretion notify the chief legal officer of the state or subdivision thereof affected.
(3) In all cases and proceedings wherein the validity of a statute, regulation or constitutional provision of this state affecting the public interest is drawn in question, and the state or an officer, agency or employee thereof is not a party, the state of Missouri may in the discretion of the court be permitted to intervene, upon proper application.
(4) In all cases and proceedings wherein the validity of an ordinance or regulation of any governmental subdivision of this state affecting the public interest is drawn in question, and the governmental subdivision, or an officer, agency or employee thereof is not a party, the governmental subdivision may in the discretion of the court be permitted to intervene, upon proper application.
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(L. 1943 p. 353 § 21)
(1980) Foster parents who have had child in physical custody for extended period of years did not have requisite interest to intervene as a matter of right in proceeding by natural mother to regain custody of her children. In re Matter of Trapp (Mo.), 595 S.W.2d 193.
Structure Missouri Revised Statutes
Title XXXV - Civil Procedure and Limitations
Section 507.010 - Prosecution in name of real party in interest.
Section 507.020 - Action on claim under foreign law.
Section 507.030 - Persons having a joint interest shall be made plaintiffs — defendants, when.
Section 507.040 - Permissive joinder of parties — separate trials.
Section 507.050 - Misjoinder of parties.
Section 507.090 - Intervention — when as of right and when permissive — procedure.
Section 507.100 - Substitution of parties upon death, mental incapacity or transfer of interest.
Section 507.110 - Suits by infants, how prosecuted.
Section 507.115 - Infant defined for civil suit purposes.
Section 507.120 - Appointment of next friend, by whom.
Section 507.130 - How appointed.
Section 507.140 - Appointment when minor is under fourteen years old.
Section 507.150 - Bond of person acting for infant, when — effect of failure to give.
Section 507.160 - Bond filed, where.
Section 507.170 - Petition and appointment filed before further proceedings.
Section 507.180 - Guardian, conservator and next friend liable for costs.
Section 507.182 - Next friend, conservator, or guardian may employ attorney and incur expenses.
Section 507.188 - Disposition of proceeds of claim — discharge of next friend or guardian ad litem.
Section 507.190 - Suits against infants not to proceed without guardian ad litem.
Section 507.200 - Appointment of guardian ad litem.
Section 507.210 - Appointment of guardian ad litem, when.
Section 507.220 - Guardian ad litem, liable only for costs in case of misconduct.