§24.4 Comparison with Federal Rule

• Jurisdiction: Washington

§24.4 COMPARISON WITH FEDERAL RULE

The seminal decision construing Fed. R. Civ. P. 24 is Cascade Natural Gas Corp. v. El Paso Natural Gas Co., 386 U.S. 129, 87 S. Ct. 932, 17 L. Ed. 2d 814 (1967). The case has been both praised and criticized as establishing a very liberal standard for intervention as a matter of right.

The federal and Washington rules are virtually identical except as to the treatment of statutes allowing application for intervention. Fed. R. Civ. P. 24(c) defines specific intervention procedures when the constitutionality of statutes is at issue, and requires reliance upon a statute of the United States to support intervention. CR 24 allows reliance on any statute under either form of intervention. Fed. R. Civ. P. 24(c) has also been amended by order of the U.S. Supreme Court...