§ 19.4 Motions Related to Parties

• Library: Oregon Civil Pleading and Litigation (OSBar) (2020 Ed.)

§ 19.4 MOTIONS RELATED TO PARTIES

§ 19.4-1 Motion to Intervene

Intervention occurs when a third person is permitted to become a party to an action between other persons. ORCP 33 A. At any time before trial, any person may intervene as of right when a state statute, rule, or common law grants an unconditional right to do so. ORCP 33 B. For permissive intervention, any person who has an interest in a litigated matter may intervene by leave of court and in the court's discretion at any time before trial. ORCP 33 C.

A person desiring to intervene must serve a motion to intervene on the parties. The motion to intervene must state the grounds for intervention and must be accompanied by a pleading setting forth the intervenor's claim or defense for which intervention is sought. ORCP 33 D. If intervention is allowed, responsive pleadings must be filed within 10 days. ORCP 33 D.

Appellate review of rulings on motions for permissive intervention under ORCP 33 C is for abuse of discretion. Gilbert Pac. Corp. v. State by and through Dep't of Transp., 110 Or App 171, 175, 822 P2d 729 (1991), rev den, 313 Or 210 (1992).

For further discussion on intervention, see § 13.3-1 to § 13.3-4(b).

§ 19.4-2 Motion to Substitute Parties; Motion to Dismiss for Failure to Substitute Party

The procedure and time periods within which to substitute a party during the pendency of an action, particularly...