Document Type
Brief
Publication Date
11-6-2023
Abstract
No. 121694
Gentner Drummond v. Oklahoma Statewide Virtual Charter School Board
From the Argument and Authority
This Motion to Intervene is both timely and amply supported. Courts assess the timeliness of a motion to intervene "in light of all the circumstances," including "the length of time since the movant knew of its interests in the case; prejudice to the existing parties; prejudice to the movant; and the existence of any unusual circumstances." Tulsa Indus. Auth. v. City of Tulsa, 2011 OK 57, ¶ 31, 270 P.3d 113, 128 (citation omitted) (looking to federal case law for guidance). Courts have cautioned that "[t]he analysis is contextual; absolute measures of timeliness should be ignored." Sierra Club v. Espy, 18 F.3d 1202, 1205 (5th Cir. 1994). As such, courts allow intervention "where no one would be hurt and greater justice could be attained." Id.
Recommended Citation
McGinley, Michael H.; Engel, Steven A.; Proctor, M. Scott; Meiser, John A.; Perri, Michael R.; and Dooley, Socorro Adams, "St. Isidore of Seville Catholic Virtual School's Motion to Intervene" (2023). Court Briefs. 47.
https://scholarship.law.nd.edu/sct_briefs/47