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 two different legal requests that can be made in the civil procedure of South Carolina. Both motions are made when a party who is not originally part of the case wishes to join it. A motion to intervene is typically requested when a party wants to join an existing case but has interests that are not aligned with any of the existing parties. The motion to intervene must be filed before the court’s decision has been made and should include an explanation of the party’s interests. In South Carolina, a motion to intervene must be filed within 30 days of being served with a copy of the complaint or the motion to join a case. A motion to join a case is also known as an intervention by right and is typically requested when a party that has interests in the existing case wishes to join it before the court has made a ruling. The party must have an interest that is “direct and immediate” and that is similar to the interests of one of the existing parties. The motion to join a case should include an explanation of why the party should be allowed to join the case as well as a representation of how the party’s interest in the case is similar to the interest of one of the existing parties. In South Carolina, a motion to join a case must be filed before the court’s decision has been made.

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

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