What is an ‘intervention’?

An ‘intervention’ is a legal action taken by someone who wants to stop or prevent the sale, destruction, or removal of a work of art. In Delaware, the person filing the intervention must demonstrate that the work of art has significant artistic, cultural, or historical value. The individual filing the intervention must also have “standing”, which means that they must have an interest in the artwork, such as being an artist, dealer, or the owner, and must show that the artwork would be irreparably harmed if the sale, destruction, or removal were allowed to occur. The person filing the intervention is sometimes called the petitioner and must submit a petition to the court. The petition must include information about the artwork, what the petitioner is seeking to prevent, why the artwork is important, and any other evidence that may support the petitioner’s case. The court will then consider the petition and the facts presented to determine if the intervention should be granted. If the court grants the intervention, a temporary restraining order will be issued to stop the sale, destruction, or removal of the artwork until the court has an opportunity to hear the case. The court will then hear arguments from both sides of the case and make a final decision on whether or not to allow the sale, destruction, or removal to happen.

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