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24.5.309    INTERVENTION

(1) Intervention in a pending proceeding is governed by the considerations set forth in M. R. Civ. P. 24(a) and (b).

(2) Unless otherwise permitted by order of the court, a motion to intervene must be served within the time set forth in ARM 24.5.320. The motion must state the grounds upon which intervention is sought. A copy of the motion, supporting brief, and any affidavits must be served upon all parties. Any party to the dispute shall have the time set forth in ARM 24.5.320 to serve an answer brief. The court, in its discretion, determines whether or not to allow intervention.

(3) If intervention results in the trial being vacated and good cause is shown, the court may order the insurance company alleged to be at risk at the time of the accident to pay benefits pending the trial. Such insurer may seek indemnity from the responsible insurer if it is later determined that it is not liable.

History: 2-4-201, MCA; IMP, 2-4-201, 39-71-2901, MCA; NEW, 1983 MAR p. 1715, Eff. 11/26/83; TRANS, from ARM 2.52.309, 1989 MAR p. 2177, Eff. 12/22/89; AMD, 1990 MAR p. 847, Eff. 5/1/90; AMD, 1994 MAR p. 27, Eff. 1/14/94; AMD, 2014 MAR p. 2829, Eff. 3/1/15.

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