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.
Notes of Decisions
State ex rel. Farmers Mutuals Auto. Ins. v. Weber, 273 S.W.2d 318 (Mo. 1954).
· cites it 14× “1949, Section 507.090, V.A.M.S., it is entitled as of right to intervene in cause 12,129; and that by mandamus we should compel the respondent judge to make an order in cause 12,129 authorizing it to intervene in that case, to file therein its Petition For Declaratory Judgment,…”
Matter of Trapp, 593 S.W.2d 193 (Mo. 1980).
· cites it 4× “As used in the above quoted portion of Section 507.090, and in intervention statutes generally, "interest" means a direct and immediate claim to, and having its origin in, the demand made or proceeds sought or prayed by one of the parties to the original action, but such…”
Mccoy v. Hershewe Law Firm, PC, 366 S.W.3d 586 (Mo. Ct. App. 2012).
· cites it 2× “In Chapter 507 of the Missouri Revised Statutes, for example, the procedure for intervention is governed by section 507.090 and set off distinctly from rules governing every other type of party — including third parties.”
Grissom v. Grissom, 886 S.W.2d 47 (Mo. Ct. App. 1994).
· cites it 3× “Section 507.090(2), RSMo 1986, provides that the children could intervene as a matter of right only if their mother, as a party in the original case, was inadequately representing their interests and if they were bound by the judgment in the contempt hearing.”
Lading v. Sawtelle, 720 S.W.2d 416 (Mo. Ct. App. 1986).
· cites it 6× “On this appeal, Farm Bureau contends the trial court erred in denying its intervention because appellant meets the criteria set out in § 507.090, RSMo.1978 and Rule 52.12 providing for intervention as a matter of right.”
Pine Lawn Bank & Trust Co. v. City of Pine Lawn, 285 S.W.2d 679 (Mo. 1956).
· cites it 5× “Neither the plaintiff nor the defendant were served-with a motion to intervene as provided in § 507.090, RSMo 1949, Y.A.M.S. The parties were served with an order to show cause on May 6, 1954, why a temporary injunction should, not be issued.”
State ex rel. State High. Comm'n v. Hudspeth, 303 S.W.2d 703 (Mo. Ct. App. 1957).
· cites it 6× “to intervene because neither the motion nor the proposed answer states facts sufficient to come within the mandatory provisions of the intervention statute, § 507.090, paragraph 1. Respondent contends that the appeal is premature for the reason that a party whose motion to…”
Laclede Gas Co. v. Abrahamson, 296 S.W.2d 100 (Mo. 1956).
· cites it 4× “The question for decision is whether appellants (hereinafter called intervenors) have an absolute right to intervene under Section 507.090 (statutory references are to RSMo.”
State ex rel. Dolgin's, Inc. v. Bolin, 589 S.W.2d 106 (Mo. Ct. App. 1979).
· cites it 8× “Section 507.090, RSMo 1949, which bears the caption, “Intervention — when as of right and when permissive — procedure”, and former Rule 52.”
Campbell v. Webb, 258 S.W.2d 595 (Mo. 1953).
· cites it 2× “And Section 507.090 provides for intervention.”
State ex rel. Aubuchon v. Jones, 389 S.W.2d 854 (Mo. Ct. App. 1965).
· cites it 2× “(§ 507.090 RSMo 1959, V.A.M.S.), the pertinent parts of which are as follows: “(a) Intervention of Right.”
Mo. Rev. Stat. § 507.090(2): 1 case
Grissom v. Grissom, 886 S.W.2d 47 (Mo. Ct. App. 1994).
“Section 507.090(2), RSMo 1986, provides that the children could intervene as a matter of right only if their mother, as a party in the original case, was inadequately representing their interests and if they were bound by the judgment in the contempt hearing.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.