A person or entity who is not a party to a lawsuit generally may intervene in the lawsuit and become a party to it by filing a plea in intervention prior to the entry of the court’s judgment—provided the court does not reject (strike) the intervention. An intervenor is not required to secure the court’s permission to intervene, and the party who opposed the intervention has the burden to challenge it by filing a motion to strike.

A person or entity has a right to intervene if the intervenor could have brought the same lawsuit, or any part of it in his own name—or, if the action had been brought against him, he would be able to defeat the lawsuit, or some part of it.

A trial court abuses its discretion by striking an intervention if (1) the intervenor meets the above test, (2) the intervention will not complicate the case by an excessive multiplication of the issues, and (3) the intervention is almost essential to effectively protect the intervenor’s interest.

In Alaska, the rules regarding intervention in a lawsuit are governed by both state statutes and the Alaska Rules of Civil Procedure. A person or entity, known as an intervenor, may seek to become a party to an existing lawsuit by filing a motion to intervene. The right to intervene is typically granted if the intervenor has an interest that is directly affected by the outcome of the case. The intervenor does not need to obtain permission from the court to file a motion to intervene, but the motion must be filed before the court enters its judgment. If a party to the lawsuit opposes the intervention, they have the burden to challenge it by filing a motion to strike the intervention. The court may strike an intervention if it fails to meet certain criteria, such as if the intervenor could have brought the same lawsuit or defended against it, if the intervention does not excessively complicate the case, and if the intervention is necessary to protect the intervenor's interests. A trial court may be found to have abused its discretion if it strikes an intervention that meets these criteria.