What is the difference between a motion to intervene and a motion to join a case?

A motion to intervene and a motion to join a case are both legal attempts to become a part of a lawsuit already underway in a Delaware court. In both cases, the third party seeks to join an already existing lawsuit to become a party to the dispute. However, the two motions differ in certain ways. A motion to intervene is made by a person who believes that they have interests in the subject of the case that could be affected by the outcome of the case. This motion is made before the case has been decided and the third party must demonstrate that they have a legal interest in the case which was not adequately represented by the other parties to the case. A motion to join is made by a person who believes that they have an interest in the case which is the same or similar to the interests of one of the existing parties. This motion is typically made late in the proceedings after there has been some form of decision or ruling in the case. The person making the motion must demonstrate that their interests are so intertwined with the interests of the existing parties that they should be included in the case. Both motions to intervene and motions to join require the person making the motion to provide evidence showing why they should be included in the lawsuit. Depending on the facts of the case, either motion can be appropriate. Ultimately, it is up to the court to decide whether or not to grant the motion.

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What is the difference between a motion to intervene and a motion to join a case?

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