You are here

Intervenors and Motion to Intervene

Official Procedure Last Change May 31, 2016

Intervenors and Motion to Intervene

How to file:

Location of event: Adversary > Motions & Briefs > Intervene, Motion to

Things to be aware of when filingA party (other than a trustee) desiring to intervene in a proceeding must file a Motion to Intervene, which may only be filed in an adversary proceeding.

 

  • FRBP 2018

General Information

  • An intervenor is an individual or entity who is not already a party to an existing proceeding but who makes himself or herself a party either by joining with the plaintiff or uniting with the defendant in resistance of the plaintiff's claims.
  • This differs from an appearance, which is a request by an attorney to represent an existing party or creditor in a case or proceeding.
  • A party desiring to intervene in a proceeding must file a Motion to Intervene, using the instructions below. A trustee is not required to file this motion.

Filing requirements

  • The Motion must be signed by the filing party or their attorney.
  • A Certificate of Service must be included.
  • It is not necessary to upload a proposed order - the court will prepare one. 

Step-by-Step Instructions

1. Log into CM/ECF.

2. Select Adversary > Motions & Briefs.

3. Enter case number (in the format xx-xxxxx) and click Next.

4. Select Intervene, Motion to from the event list and click Next.

5. Select appropriate radio button to indicate whether or not the Motion you are filing is amended.

6. Check box if jointly filing with another attorney. Click Next.

7. If you indicated that you are filing jointly with other attorney(s), select additional attorney(s) and click Next.

Note: You cannot add attorneys. Only attorneys who have previously entered an appearance will be available for selection.

8. Select the party filer. If the party is not listed, or cannot be selected, view instructions on adding a new party. Click Next.

Note: The "Attorney/Party Association” screen may appear. If your party selection was correct, check the box to create an association and click Next.

9. Browse to attach the document to be filed (pdf file). Click Next.

10. If you indicated in step 5 that you are filing an amended motion, select the motion that is being amended. Click Next.

11. Select prefix text, if applicable, and click Next.

Note: The prefix text option is not available if you indicated in Step 5 that the Application you are filing is amended.

12. Verify final docket text. If correct, click Next to submit.

Note: The Notice of Electronic Filing displays giving you the document number. Copies of this notice are immediately e-mailed to all participants who receive electronic notification in the case.