What must an intervenor demonstrate to be granted leave to intervene?

To be granted leave to intervene, an intervenor must demonstrate that their interest in the case may be harmed if the intervention is not permitted and that their interests are not adequately represented by the existing parties. This requirement ensures that individuals or entities with a significant stake in the outcome of the litigation have an opportunity to present their claims and protect their interests. Courts typically allow intervention when there is a potential for injury to those interests that cannot be sufficiently addressed by the original parties involved in the lawsuit.

This focus on the adequacy of representation by existing parties is critical; without it, an intervenor may not be granted the chance to participate in the proceedings even if they have a valid claim or concern. Thus, the essential element of showing potential harm and inadequate representation directly supports the principle of protecting the rights and interests of third parties affected by judicial decisions.