(a)Intervention of right. Upon timely application anyoneshall be permitted to intervene in an action: (1) when a statute confers anunconditional right to intervene; or (2) when the applicant claims an interestrelating to the property or transaction which is the subject of the action andhe is so situated that the disposition of the action may as a practical matterimpair or impede his ability to protect that interest, unless the applicant'sinterest is adequately represented by existing parties.
(b)Permissive intervention. Upon timely application anyonemay be permitted to intervene in an action: (1) when a statute confers aconditional right to intervene; or (2) when an applicant's claim or defense andthe main action have a question of law or fact in common. When a party to anaction relies for ground of claim or defense upon any statute or executiveorder administered by a governmental officer or agency or upon any regulation,order, requirement, or agreement issued or made pursuant to the statute orexecutive order, the officer or agency upon timely application may be permittedto intervene in the action. In exercising its discretion the court shallconsider whether the intervention will unduly delay or prejudice the adjudicationof the rights of the original parties.
(c)Procedure. A person desiring to interveneshall serve a motion to intervene upon the parties as provided inRule5. The motions shall state thegrounds therefor and shall be accompanied by a pleading setting forth the claimor defense for which intervention is sought.
(d)Constitutionality of statutes and ordinances.
(d)(1) If a party challenges theconstitutionality of a statute in an action in which the Attorney General hasnot appeared, the party raising the question of constitutionality shall notifythe Attorney General of such fact. The court shall permit the state to be heardupon timely application.
(d)(2) If a party challenges theconstitutionality of a county or municipal ordinance in an action in which thecounty or municipal attorney has not appeared, the party raising the questionof constitutionality shall notify the county or municipal attorney of suchfact. The court shall permit the county or municipality to be heard upon timelyapplication.
(d)(3) Failure of a party toprovide notice as required by this rule is not a waiver of any constitutionalchallenge otherwise timely asserted.