(735 ILCS 5/2-408)
(from Ch. 110, par. 2-408)
(a) Upon timely application anyone shall be
permitted as of right to intervene in an action: (1) when a statute
confers an unconditional right to intervene; or (2) when the
representation of the applicant's interest by existing parties is or may
be inadequate and the applicant will or may be bound by an order or
judgment in the action; or (3) when the applicant is so situated as to
be adversely affected by a distribution or other disposition of property
in the custody or subject to the control or disposition of the court or
a court officer.
(b) Upon timely application anyone may in the discretion of the
court be permitted to intervene in an action: (1) when a statute 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.
(c) In all cases involving the validity of a constitutional
provision, statute or regulation of this State and affecting the public
interest, the State upon timely application may in the discretion of the
court be permitted to intervene.
(d) In all cases involving the validity of an ordinance or
regulation of a municipality or governmental subdivision of this State
and affecting the public interest, the municipality or governmental
subdivision upon timely application may in the discretion of the court
be permitted to intervene.
(e) A person desiring to intervene shall present a petition setting
forth the grounds for intervention, accompanied by the initial pleading
or motion which he or she proposes to file. In cases in which the allowance of
intervention is discretionary, the court shall consider whether the
intervention will unduly delay or prejudice the adjudication of the
rights of the original parties.
(f) An intervenor shall have all the rights of an original party,
except that the court may in its order allowing intervention, whether
discretionary or a matter of right, provide that the applicant shall be
bound by orders or judgments, theretofore entered or by evidence
theretofore received, that the applicant shall not raise issues which
might more properly have been raised at an earlier stage of the
proceeding, that the applicant shall not raise new issues or add new
parties, or that in other respects the applicant shall not interfere
with the control of the litigation, as justice and the avoidance of
undue delay may require.
(Source: P.A. 82-783.)