In general, the litigation involves the plaintiff and the defendant. However, sometimes the third parties who are not parties to a lawsuit want to be parties. In this case, said third party must file a motion to intervene. Generally, to be admitted participating in the litigation, the intervener must have a relationship of interest with the subject of the original litigation. Because Land Court proceedings are meant to be relatively informal, a motion to intervene can be filed in that court, even after judgment has been rendered. (Etpison v. Rechucher, 2020 Palau 14 cited in Angel v. King, 2020 Palau 29)
Under the Rules of Civil Procedure of Palau, RULE 24. INTERVENTION:
(a) Intervention of Right.
Upon timely application anyone shall be permitted to intervene in an action: (1) when a statute of the Republic of Palau confers an unconditional right to intervene; or (2) when the applicant claims an interest relating to the property or transaction which is the subject of the action and the applicant is so situated that the disposition of the action may as a practical matter impair or impede the applicant’s ability to protect that interest, unless the applicant’s interest is adequately represented by existing parties.
(b) Permissive Intervention.
Upon timely application anyone may be permitted to intervene in an action: (1) when a statute of the Republic of Palau confers a conditional right to intervene; or (2) when an applicant’s claim or defense and the main action have a question of law or fact in common. When a party to an action relies for ground of claim or defense upon any statute or executive order administered by a national or state governmental officer or agency or upon any regulation, order, requirement, or agreement issued or made pursuant to the statute or executive order, the officer or agency upon timely application may be permitted to intervene in the action. In exercising its discretion, the court shall consider whether the intervention will unduly delay or prejudice the adjudication of the rights of the original parties.
(c) Procedure.
A person desiring to intervene shall serve a motion to intervene upon the parties as provided in Rule 5. The motion shall state the grounds therefor and shall be accompanied by a pleading setting forth the claim or defense for which intervention is sought. The same procedure shall be followed when a statute of the Republic of Palau gives a right to intervene. When the constitutionality of an act of the Olbiil Era Kelulau affecting the public interest is drawn in question in any action to which the Republic of Palau or an officer, agency or employee thereof is not a party, the court shall notify the Attorney General of the Republic of Palau.
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