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 Nebraska, the rules regarding intervention in a lawsuit are governed by the Nebraska Revised Statutes and the Nebraska Rules of Civil Procedure. A person or entity who is not originally a party to a lawsuit may intervene in the case by filing a plea in intervention before the court enters its judgment. The intervenor does not need to obtain permission from the court to intervene, but the intervention can be challenged by an existing party through a motion to strike. The right to intervene is typically granted if the intervenor has an interest that could have led them to initiate the same lawsuit or defend against it. The court may strike an intervention if it fails to meet certain criteria, such as not complicating the case with too many issues and being essential to protect the intervenor's interests. However, if an intervenor meets the criteria for intervention and the intervention does not unduly complicate the case, a trial court may be found to have abused its discretion by striking the intervention. It is important for intervenors to demonstrate that their involvement is necessary to protect their interests and that their participation will not hinder the efficient resolution of the case.