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 South Dakota, the rules regarding intervention in a lawsuit are governed by state statutes and court rules. A person or entity not originally a party to a lawsuit may intervene by filing a plea in intervention before the court enters judgment. The right to intervene is typically granted if the potential intervenor has an interest that could have led them to initiate the same lawsuit or defend against it. The intervenor is not required to obtain permission from the court to intervene, but the intervention can be challenged by an existing party through a motion to strike. The court may be seen as abusing its discretion if it strikes an intervention when the intervenor meets the criteria of having a sufficient interest in the case, the intervention does not overly complicate the case, and the intervention is necessary to protect the intervenor’s interests. It is important for intervenors to file their plea in a timely manner and ensure that their involvement will not prejudice the original parties or delay the proceedings.