Motion for Leave to Intervene
(MI)

This template is a motion by a nonparty for leave to intervene in a Michigan civil action. This template includes practical guidance, drafting notes, and alternate paragraphs. The motion should set forth the reasons why the moving party should be permitted to intervene. MCR 2.209(C)(1). If the moving party seeks intervention as a matter of right, the motion should establish that: • A Michigan statute or court rule confers on the moving party an unconditional right to intervene • All parties have stipulated to the requested intervention –or– • The moving party has an interest in the property or transaction that is the subject matter in the action and disposition of the action without the moving party's involvement would as a practical matter impede their ability to protect that interest MCR 2.209(A). In addition, a nonparty may be permitted intervene in an action at the court's discretion, if such intervention will not unduly delay or prejudice the adjudication of the rights of the original parties and if: • A Michigan statute or court rule confers on the moving party a conditional right to intervene –or– • The moving party's claim or defense and the main action have a question of law or fact in common MCR 2.209(B). In addition to meeting this standard on appeal, however, the party intervening must be an aggrieved party. An aggrieved party is not one who is merely disappointed over a certain result. Rather, to have standing on appeal, a litigant must have suffered a concrete and particularized injury, as would a party plaintiff initially invoking the court's power. The only difference is a litigant on appeal must demonstrate an injury arising from either the actions of the trial court or the appellate court judgment rather than an injury arising from the underlying facts of the case. An entity that otherwise is aggrieved and therefore has appellate standing should not be prohibited from intervening before a lower-court judgment becomes final, i.e., before the deadline to file an application for leave to appeal. League of Women Voters of Mich. v. Secretary of State, 506 Mich 561; 957 NW2d 731, 737-39 (2020). This from seeks intervention as a matter of right under MCR 2.209(A) or, in the alternative, permissive intervention under MCR 2.209(B). The motion should also comply with the general format and content requirements for motions and other documents filed in court. For discussion, see Motion Practice Fundamentals (MI). See also Formatting Rules in Court Checklist (MI). Thus, the motion set out in this template should be accompanied by a supporting brief addressing any legal issues raised by the motion, one or more affidavits setting forth the facts in support of the motion, and a notice of hearing. See MCR 2.119(A)(3), (B), (C)(1). The proposed pleading raising the claims or defenses that the moving party seeks to assert in intervention should also be attached to the complaint. MCR 2.209(C)(2). In addition to the statewide rules, some individual courts have specific rules governing motion practice, including the format and contents of motions. Counsel should consult these rules and modify this template as appropriate. This template incorporates the Wayne County circuit court's requirement that the moving party contact the opposing party and attempt to obtain the opposing party's concurrence in the relief set forth in the motion. See Mich. 3rd Jud. Dist. Cir. Ct. R. 2.119(B)(2). MCR 2.209 does not set forth a specific deadline for moving to intervene, but states only that the application must be "timely." See MCR 2.209(A), (B). Although no specific filing deadline is set by rule, a right to intervene should be asserted within a reasonable time, and laches or unreasonable delay is a proper reason for a court to deny intervention. D'Agostino v. City of Roseville, 396 Mich. 185, 188, 240 N.W.2d 252 (1976). The motion and supporting documents should be served on the attorneys for all parties to the action (or directly on any unrepresented party). See MCR 2.107(B), 2.209(C). Unless another time is set by the court, the motion should be served: • Nine days before the date set for the hearing on the motion, if served by first class mail –or– • Seven days before the date set for the hearing on the motion, if served by delivery under MCR 2.107(C)(1) or (2) or MCR 1.109(G)(6)(a) (e-service) MCR 2.119(C)(1). Unless the court sets a different time, the motion must be filed at least seven days before the hearing on the motion. MCR 2.119(C)(4). For discussion of service and filing procedures, see Filing and Serving Documents Other Than Initial Complaint and Summons (MI). For additional discussion of intervention, see Motion to Intervene: Making the Motion (MI).