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Rule 24. Intervention.

(a) Intervention of right.  On timely motion, the court must permit anyone to intervene who:

(1) is given an unconditional right to intervene by a statute; or

(2) claims an interest relating to the property or transaction that is the subject of the action, and is so situated that disposing of the action mayas a practical matter impair or impede the movant's ability to protect its interest, unless existing parties adequately represent that interest.

(b) Permissive intervention.

(1) InGeneral. On timely motion, the court may permit anyone to intervenewho:

(A) is given a conditionalright to intervene by a statute; or

(B) has a claim or defense that shares with the main action a common question of lawor fact.

(2) By a GovernmentalEntity. On timely motion, the court may permit a governmental entity tointervene if a party's claim or defense is based on:

(A) a statute orexecutive order administered by the governmental entity; or

(B) any regulation,order, requirement, or agreement issued or made under the statute or executive order.

(3) Delayor Prejudice. In exercising its discretion, the court must consider whether the intervention willunduly delay or prejudice the adjudication of the original parties' rights.

(c) Notice and motion required. A motion to intervene must be served on the parties asprovided in Rule 5. The motion must state the grounds for intervention and set out the claim or defense for which intervention is sought.

(d) Constitutionality of Utah statutes,ordinances, rules, and other administrative or legislative enactments.

(1)Challenges to a statute. 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 by serving the notice on the AttorneyGeneral by email or, if circumstances prevent service by email, by mail at theaddress below. The party shall then file proof of service with the court.?



Office of the Utah Attorney General

Attn: Utah Solicitor General

350 North State Street, Suite 230

P.O. Box 142320

SaltLake City, Utah 84114‑2320

?(2) Challenges to an ordinance or other governmental enactment. If aparty challenges the constitutionality of a governmental entity?s ordinance,rule, or other administrative or legislative enactment in an action in whichthe governmental entity has not appeared, the party raising the question ofconstitutionality shall notify the governmental entity of such fact byserving the person identified in Rule 4(d)(1) of theUtah Rules of Civil Procedure. The party shall then file proof of service withthe court.

(3)Notification procedures.

(A) Formand content. The notice shall (i) be in writing, (ii) be titled ?Notice ofConstitutional Challenge Under URCP 24(d),? (iii) concisely describe the natureof the challenge, and (iv) include, as an attachment, the pleading, motion, orother paper challenging constitutionality as set forth above.

(B) Timing.The party shall serve the notice on the Attorney General or other governmentalentity on or before the date the party files the paper challengingconstitutionality as set forth above.

(4) AttorneyGeneral?s or other governmental entity?s response to notice.

(A) Within 14 days after the deadline forthe parties to file all papers in response to the constitutional challenge, theAttorney General or other governmental entity (?responding entity?) shall filea notice of intent to respond unless the responding entity determines that aresponse is unnecessary. The responding entity may seek up to an additional 7days? extension of time to file a notice of intent to respond.

(B) If the responding entity files a noticeof intent to respond within the time permitted by this rule, the court willallow the responding entity to file a response to the constitutional challengeand participate at oral argument when it is heard.

(C) Unless the parties stipulate to or thecourt grants additional time, the responding entity?s response to theconstitutional challenge shall be filed within 14 days after filing the noticeof intent to respond.

(D) The responding entity?s right torespond to a constitutional challenge under Rule 25A of the Utah Rules ofAppellate Procedure is unaffected by the responding entity?s decision not torespond under this rule.

(5) Failureto provide notice. Failure of a party to provide notice as required by thisrule is not a waiver of any constitutional challenge otherwise timely asserted.If a party does not serve a notice as required by this rule, the court maypostpone the hearing until the party serves the notice.

Effective May 1, 2021