Determining Whether a Motion to Intervene Is Timely
In State ex rel. First New Shiloh Baptist Church v. Meagher (1998), 82 Ohio St.3d 501, 503, 1998 Ohio 192, 696 N.E.2d 1058, the Supreme Court listed the following factors as also being relevant in determining whether a motion to intervene is timely:
(1) "the prejudice to the original parties due to the proposed intervenor's failure after he knew or reasonably should have known of his interest in the case to apply promptly for intervention;"
(2) "the existence of unusual circumstances militating against or in favor of intervention." Id. at 503, quoting Triax Co. v. TRW, Inc. (C.A.6, 1984), 724 F.2d 1224, 1228.
The timeliness of a motion to intervene depends on the individual facts of the case. Id.