In child custody litigation, intervention is very common.If you want to intervene in a legal case, you must first file a motion and ask the judge's permission.If the litigation process is far advanced, judges have the ability to allow additional parties to join the case.Due to the complexity of third-party litigation, you want an attorney to represent you.
Step 1: You can get copies of the pleadings.
You must have an understanding of the parties in the existing case in order to evaluate how your claims relate and how you would fit into the litigation.Since all court cases are public record, you can get copies of the pleadings by visiting the clerk in the court where the lawsuit was filed.While you may be able to look at the documents in the clerk's office, you typically have to pay a fee to get a copy.Valuable information about the identity of the parties can be found in the pleadings.You need this to have your motion delivered to them.Your motion must give a background of the case and your claim, as well as explain why you are intervening and how your claims are relevant.You have to understand the existing case to make these arguments.You can request a permissive intervention or assert an intervention as you please.The only way to protect your interest is to become involved in the lawsuit if you claim intervention.If you can't meet these requirements, you're claiming permissive intervention, which may include a common legal question raised in your claim and in the existing litigation, or a state law that allows you to intervene if specific conditions are met.
Step 2: You can search for templates or samples.
If you want to file a motion to intervene on your own without hiring an attorney, the court may have a form or template you can fill out.If you are a grandparent or other relative who wants to intervene in a child custody or child welfare proceeding, most courts have forms you can fill out.There may not be a form that fits your situation in other civil cases.You can look at motions filed in other cases to get an idea of how to draft your own.The clerk of court can tell you what resources are available.Although the clerk can't offer legal advice on your particular situation, they can point you to forms or suggest samples to review, and tell you about various court procedural rules related to intervention.If you have serious questions or have complex reasons to intervene, you should consider hiring an attorney.If your motion to intervene is denied, you may not have another chance to enter the litigation.
Step 3: You should format your motion.
The original case number and the names of the parties are included in the caption of your motion.Even if your motion is granted, this information will not change.If you're using a court-approved form, there will be blanks at the top of the first page for you to enter the title and case number.If you're drafting a motion from scratch, you should use the same format for your caption as you would for the other pleadings.Title your motion."Motion to Intervene" can be your title.You can add that information to the title if you want to join the case on one side.Keep your title brief and descriptive.Paragraph form is used for the body of a motion, with an introductory paragraph identifying who you are and what you're asking of the court.Depending on the complexity of your reasons for intervening, you can either include a discussion of those in the body of the motion, or create a separate memorandum with your factual reasons and legal arguments.
Step 4: A Memorandum of Support can be created.
If you are not represented by counsel, a memorandum is not required.The reasons you want to intervene in the case will typically be set in a memorandum of support drafted by an attorney.Courts typically don't require or expect detailed legal arguments from people who are representing themselves.Even if you don't plan to file one to accompany your motion, you can look at samples of other cases to get an idea of the kinds of information they include.A well-crafted memo of support is the basis for the argument you will make in front of the judge at the hearing.The court must have jurisdiction over your claims and issues if they are related to the original case.If you're attempting to intervene in a family court case regarding child custody, the court may not have jurisdiction over your claim against one of the parties.
Step 5: You need to sign your documents.
You have to sign the originals and make copies of the signed ones after you've completed all the documents.You should have at least one copy of your records for each existing party.If you're representing yourself, contact the clerk before you sign.In some courts, litigants must sign their documents at the clerk's office or in front of a public notary public.You can find out what other forms you need to complete from the clerk.Depending on the court in which you're filing your motion, these documents may include a certificate of service or a notice of hearing.Additional documents follow the same format regardless of the case or the specifics of your motion, and you can find forms either at the clerk's office or on the court website.
Step 6: Take your documents to the clerk.
To have the judge decide on your motion, you have to file it with the court clerk.The originals and copies will be kept by the clerk for the court's files.For your own records, keep one file-stamped copy.You should have at least one copy for each of the parties.They have to be served with your motion so they can oppose it.You will have to pay a filing fee when you make a motion.The fee varies greatly among courts.You can apply for a waiver if you can't afford filing fees.If your assets fall below the court's threshold, you won't have to pay fees.
Step 7: The other parties need to be served.
All other parties in the case must have notice of your motion so they can respond and make arguments to the judge.You can choose between personal service or mail service.Mail service is the most convenient option for you.The documents are sent using certified mail with a returned receipt requested.The documents must be signed by the party.After the documents are delivered, you will receive a green card in the mail, which is your proof of service.You can hire a sheriff's deputy or a private process server to deliver the documents to the parties.
Step 8: You need to complete your notice and service forms.
Once the other parties have been successfully served, you are responsible for completing a certificate or affidavit of service and filing it with the clerk.If you choose personal service, the individual who completes the service usually fills out an affidavit of service with the court.You have to file proof of service yourself with mail service.Attach the green card to your proof of service form.
Step 9: Receive any reply.
All parties can file a written response to your motion, either in support or opposition.You can either file an additional reply or get a copy of the responses.Make sure you understand the arguments made by the other parties in their response, regardless of whether you plan a written response or not.You need to know how to react to the arguments they will make at the hearing.If one of the parties has filed a written response in support of your motion, they have done their homework for you.You can use the reasons provided by their response to enhance and solidify your own arguments.If one or both of the existing parties in the case have filed responses in opposition to your motion, you need to carefully analyze the arguments so you can overcome them.If you don't have an attorney at this point, you may be able to pay someone a flat fee to go over the documents and explain the arguments for you, give you advice on your ability to intervene in the case, or even assist you at the hearing.If you decide you want an attorney, you should act quickly.You may not be able to find someone who is available on short notice because the date for your hearing has already been set.
Step 10: You have a court date.
The motion will be heard by the judge to whom the original case was assigned.Make a detailed outline of the reasons you are intervening in the case if you're going to court by yourself.There are two or three facts that support your reasons.All of your documents, including your motion, any responses, and the pleadings from the original case, should be taken to court with you.Wait until your motion is called and sit in the gallery of the courtroom.Most of the day will be spent in court, as your motion may not be the first one called.If you're not familiar with the setting, you can call the clerk's office to find out what items are specifically prohibited in the courtroom and read the general rules on how to behave.
Step 11: You should present your arguments.
When your motion is called, you will have the chance to explain to the judge why you think you should join the case.The court has subject matter jurisdiction over your claim if you believe you have the right to intervene.The judge can hear and understand you if you speak slowly.You should stop speaking if the judge asks a question.Don't talk to either party or engage in any conversations with the judge when you're presenting your argument.You prepared an outline of your reasons.Keep in mind the facts of the case, your claim, and why you want to intervene.The judge will usually give the other parties a chance to explain why they oppose or support your intervention once you've finished speaking.If one or both parties oppose your intervention, the judge may give you more time to respond.
Step 12: Receive the judge's decision.
The judge will make a decision as to whether you should be allowed to intervene in the case after all sides have been heard.Even if you asserted intervention as of right, the judge can deny your motion.The judge can either take the matter under advisement or issue a written order later.If the judge indicates he or she will take the matter under advisement, you should ask the clerk when you can expect a decision and whether you'll be notified when the order is issued.If the judge denies your motion, you may want to talk to the existing parties in the case about other potential methods that can be used to bring you into the action, especially if one or both of the parties supported your intervention.