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

Motion to intervene and motion to join a case are two different procedures commonly used in civil law proceedings in Massachusetts. A motion to intervene is a motion filed by an individual or party that wishes to become involved in the legal dispute between the two parties in the original lawsuit. This motion is usually granted when the intervention would help further the proceedings by providing additional facts or insights that weren’t available before. A motion to join a case, on the other hand, is a motion filed by an individual or party who seeks to become a part of an already existing lawsuit. This could involve one or more defendants or plaintiffs who are not already involved in the dispute. In this circumstance, the court must determine whether the other parties in the case are essential to the dispute and, if so, whether it is in the best interests of the parties to join the case. The court may also consider whether the joinder of additional parties will prejudice any of the existing parties and whether the parties have a sufficient interest in the outcome of the lawsuit to justify their involvement. Overall, the main difference between the two is that a motion to intervene seeks to include an additional party in a dispute that is already in progress, whereas a motion to join a case seeks to bring in new parties to an existing lawsuit. The court will consider a variety of factors when deciding whether to grant either motion.

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