Nev. Rev. Stat. § 12.130

Intervention: Right to intervention; procedure, determination and costs; exception

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NRS 12.130 Intervention: Right to intervention; procedure, determination and costs; exception.

1. Except as otherwise provided in subsection 2:

(a) Before the trial, any person may intervene in an action or proceeding, who has an interest in the matter in litigation, in the success of either of the parties, or an interest against both.

(b) An intervention takes place when a third person is permitted to become a party to an action or proceeding between other persons, either by joining the plaintiff in claiming what is sought by the complaint, or by uniting with the defendant in resisting the claims of the plaintiff, or by demanding anything adversely to both the plaintiff and the defendant.

(c) Intervention is made as provided by the Nevada Rules of Civil Procedure.

(d) The court shall determine upon the intervention at the same time that the action is decided. If the claim of the party intervening is not sustained, the party intervening shall pay all costs incurred by the intervention.

2. The provisions of this section do not apply to intervention in an action or proceeding by the Legislature pursuant to NRS 218F.720.

[Part 1911 CPA § 64; RL § 5006; NCL § 8563]—(NRS A 2009, 1566)

Notes of Decisions

Cited in 13 cases (2 in the last 5 years), 1964–2022 · leading case: Dangberg Holdings Nevada, L.L.C. v. Douglas County

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Dangberg Holdings Nevada, L.L.C. v. Douglas County (1999) nev · cites it 20× “Specifically, Dangberg Holdings asserts that intervention was untimely pursuant to NRS 12.130 and NRCP 24. We disagree. 1.”

American Home Assurance Co. v. Eighth Judicial District Court of the State of Nevada ex rel. County of Clark (2006) nev · cites it 7× “Nevada law NRS 12.130 allows, before the trial commences, “any person .”

Lopez v. Merit Insurance (1993) nev · cites it 8× “” The plain language of NRS 12.130 clearlymdicates that intervention is appropriate only during ongoing litigation, where the intervenor has an opportunity to protect or pursue an interest which will otherwise be infringed.”

Estate LoMastro Ex Rel. LoMastro v. American Family Insurance Group (2008) nev “29 We note that NRS 12.130 provides that intervention is appropriate before trial and NRCP 24 allows intervention if it is timely.”

VALLEY POWER COMPANY v. Toiyabe Supply Co. (1964) nev “None of the requisites designated by statute, NRS 12.130, or rule, NRCP 24, to support intervention, are present when total subrogation has eliminated the interest of the assured.”

NALDER VS. DIST. CT. (UNITED AUTO. INS. CO.) C/W 78243 (2020) nev · cites it 12× “NRS 12.130 provides that "[b]efore the trial, any person may intervene in an action or proceeding, who has an interest in the matter in litigation, in the success of either of the parties, or an interest against both.”

NALDER VS. DIST. CT. (UNITED AUTO. INS. CO.) C/W 78243 (2020) nev · cites it 12× “NRS 12.130 provides that "[b]efore the trial, any person may intervene in an action or proceeding, who has an interest in the matter in litigation, in the success of either of the parties, or an interest against both.”

McLaney v. Fortune Operating Co. (1968) nev “NRS 12.130; Ryan v. Landis, <a href="/opinion/3568534/ryan-v-landis/" aria-description="Citation for case: Ryan v.”

LVPPA v. Eighth Jud. Dist. Ct. (2022) nev · cites it 6× “3d at 680 (holding that "intervention after final judgment is impermissible under NRS 12.130"). When possible, we interpret similar statutes and rules in harmony, see generally State, Div.”

In Re: Petition of State, Dep't of Corr. (Peck) (2019) nev · cites it 3× “130(c),' NRCP 24, 2 NRS 12.130(1)(a), 3 NRCP 56(d), 4 and NRAP 3A(b)(3), 5 none of these statutes or court rules allows for an appeal from the order.”

In Re: Petition of State, Dep't of Corr. (Peck) (2019) nev · cites it 3× “130(c),' NRCP 24, 2 NRS 12.130(1)(a), 3 NRCP 56(d), 4 and NRAP 3A(b)(3), 5 none of these statutes or court rules allows for an appeal from the order.”

Lewis v. Nalder C/W 81710 (2022) nev · cites it 3× “First, Nalder and Lewis argue that the district court erred by denying their motions for attorney fees under NRS 12.130. "Although the award of attorney fees is generally entrusted to the sound discretion of the 'Pursuant to NRAP 34(f)(1), we have determined that oral…”

Show all 13 citing cases →

— Nev. Rev. Stat. § 12.130(1) — 4 cases

American Home Assurance Co. v. Eighth Judicial District Court of the State of Nevada ex rel. County of Clark (2006) nev “Nevada law NRS 12.130 allows, before the trial commences, “any person .”

Dangberg Holdings Nevada, L.L.C. v. Douglas County (1999) nev “Specifically, Dangberg Holdings asserts that intervention was untimely pursuant to NRS 12.130 and NRCP 24. We disagree. 1.”

Lopez v. Merit Insurance (1993) nev “” The plain language of NRS 12.130 clearlymdicates that intervention is appropriate only during ongoing litigation, where the intervenor has an opportunity to protect or pursue an interest which will otherwise be infringed.”

in Re: Guardianship as to A.M. (2013) nev

— Nev. Rev. Stat. § 12.130(1)(a) — 5 cases

In Re: Petition of State, Dep't of Corr. (Peck) (2019) nev “130(c),' NRCP 24, 2 NRS 12.130(1)(a), 3 NRCP 56(d), 4 and NRAP 3A(b)(3), 5 none of these statutes or court rules allows for an appeal from the order.”

In Re: Petition of State, Dep't of Corr. (Peck) (2019) nev “130(c),' NRCP 24, 2 NRS 12.130(1)(a), 3 NRCP 56(d), 4 and NRAP 3A(b)(3), 5 none of these statutes or court rules allows for an appeal from the order.”

NALDER VS. DIST. CT. (UNITED AUTO. INS. CO.) C/W 78243 (2020) nev “NRS 12.130 provides that "[b]efore the trial, any person may intervene in an action or proceeding, who has an interest in the matter in litigation, in the success of either of the parties, or an interest against both.”

NALDER VS. DIST. CT. (UNITED AUTO. INS. CO.) C/W 78243 (2020) nev “NRS 12.130 provides that "[b]efore the trial, any person may intervene in an action or proceeding, who has an interest in the matter in litigation, in the success of either of the parties, or an interest against both.”

LVPPA v. Eighth Jud. Dist. Ct. (2022) nev “3d at 680 (holding that "intervention after final judgment is impermissible under NRS 12.130"). When possible, we interpret similar statutes and rules in harmony, see generally State, Div.”

— Nev. Rev. Stat. § 12.130(1)(d) — 1 case

Lewis v. Nalder C/W 81710 (2022) nev “First, Nalder and Lewis argue that the district court erred by denying their motions for attorney fees under NRS 12.130. "Although the award of attorney fees is generally entrusted to the sound discretion of the 'Pursuant to NRAP 34(f)(1), we have determined that oral…”

— Nev. Rev. Stat. § 12.130(2) — 2 cases

American Home Assurance Co. v. Eighth Judicial District Court of the State of Nevada ex rel. County of Clark (2006) nev “Nevada law NRS 12.130 allows, before the trial commences, “any person .”

Lopez v. Merit Insurance (1993) nev “” The plain language of NRS 12.130 clearlymdicates that intervention is appropriate only during ongoing litigation, where the intervenor has an opportunity to protect or pursue an interest which will otherwise be infringed.”

— Nev. Rev. Stat. § 12.130(3) — 1 case

American Home Assurance Co. v. Eighth Judicial District Court of the State of Nevada ex rel. County of Clark (2006) nev “Nevada law NRS 12.130 allows, before the trial commences, “any person .”

— Nev. Rev. Stat. § 12.130(c) — 2 cases

In Re: Petition of State, Dep't of Corr. (Peck) (2019) nev “130(c),' NRCP 24, 2 NRS 12.130(1)(a), 3 NRCP 56(d), 4 and NRAP 3A(b)(3), 5 none of these statutes or court rules allows for an appeal from the order.”

In Re: Petition of State, Dep't of Corr. (Peck) (2019) nev “130(c),' NRCP 24, 2 NRS 12.130(1)(a), 3 NRCP 56(d), 4 and NRAP 3A(b)(3), 5 none of these statutes or court rules allows for an appeal from the order.”

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