United States · Federal appellate agency procedure
When must a person seek intervention in an agency review proceeding?
Unless a statute provides another method, FRAP 15(d) requires a motion for leave to intervene filed with the circuit clerk and a copy served on all parties. File the motion, or other statutory intervention notice, within thirty days after petition-for-review filing. State the moving person’s interest and grounds for intervention concisely.
- Period
- 30 calendar days after the verified filing event, under the scoped national procedure
- Trigger
- Filing of the petition for review in the court of appeals, under the applicable FRAP 15(d) procedure
- Rule
- FRAP 15(d)
December 1, 2025 compilation
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Which filing starts this agency procedure?
Identify the agency proceeding and actual petition-for-review filing.
Check whether the applicable statute provides another intervention method.
Identify the proposed intervenor’s interest and grounds for intervention.
Read actual circuit requirements and case directions before using the scoped national period.
FRAP 15(d)How is the 30-day period counted?
- Establish the scoped procedure and actual filing event.
- Exclude that filing day.
- Count 30 calendar days.
- Check final-day holidays, inaccessibility and applicable directions.
Exclude the verified filing day and count every calendar day under FRAP 26(a)(1). If the final day is Saturday, Sunday or a legal holiday, continue to the next open day. Check actual inaccessibility and any applicable order.
FRAP 26(a)(6) includes the listed federal holidays and holidays declared by the President or Congress. For a period after an event it also includes applicable state holidays, including the state of the circuit clerk’s principal office. Establish the actual circuit and applicable calendar for this agency proceeding. The national calculator does not infer additional state holidays, inaccessibility or granted relief.
These clocks start from filing rather than service. Rule 26(c) does not add three days merely because a copy of the triggering paper was served.
FRAP 26(a)(4)–(6), (b) and (c)What does a worked calculation look like?
Fictitious example
In a fictitious scoped proceeding, the petition for review is filed on July 6, 2026. Exclude July 6 and count 30 calendar days. August 5, 2026 is the assumed open final day, with no extra state holiday, inaccessibility or different court direction.
| Step | What is counted | Date |
|---|---|---|
| Trigger | Petition-for-review filing | July 6, 2026 |
| Count | 30 calendar days after filing | August 5, 2026 |
Fictitious dates. Assume this national procedure applies with no extra holiday, inaccessibility or different direction. The calculation does not establish jurisdiction, intervention leave or accepted filing and service.
Try these dates in the calculatorWhich qualifications affect this agency procedure?
- Statutory alternative method
- Rule 15(d) begins with an exception where a statute provides another method. The calculator does not research or select that statutory method.
- Motion and required statement
- The motion or authorized statutory notice must contain a concise statement of the moving person’s interest and grounds for intervention.
- All-party service
- The national motion procedure requires filing with the circuit clerk and serving a copy on all parties.
- Permission is separate
- A timely filed motion requests leave. The calculation does not establish that the court granted intervention or that the interest and grounds are sufficient.
- Different filing clocks
- Rule 15(a)(1) requires a petition for review within the time prescribed by law. The intervention period does not establish the petition’s statutory deadline.
- This guide does not establish current statutory review jurisdiction, a petition-for-review statutory period or entitlement to intervention.
- Confirm actual circuit-local requirements and case orders before completing filing and service.
What should I check before filing?
Common questions
Starting event, required acts and scope
Does agency-order entry begin this intervention period?
Rule 15(d) identifies petition-for-review filing as the thirty-day trigger. Agency-order entry may matter to a separate statutory review petition.
FRAP 15(c)–(e)Who must receive the intervention motion?
Under the national Rule 15(d) motion procedure, serve a copy on all parties and file with the circuit clerk.
FRAP 15(c)–(e)Can a statute provide another intervention method?
Yes. Rule 15(d) expressly recognizes another method provided by statute. Establish that method before using this scoped calculator.
FRAP 15(c)–(e)Official sources and scope
Provisions used (9)
| Provision | Purpose |
|---|---|
| FRAP 15(d) | This procedure’s period, trigger and required acts |
| FRAP 15(b)(1)–(3) | Enforcement answer, filing and default |
| FRAP 15(c)–(e) | Intervention, statutory alternative method and separate service |
| FRAP 19 | Opinion filing and agency proposed judgment |
| FRAP 19 and 20 | Competing proposal, court settlement and agency-rule scope |
| FRAP 26(a) | Calendar counting and actual inaccessibility |
| FRAP 26(a)(4)–(6), (b) and (c) | Filing time zone, holidays, extensions and service additions |
| FRAP 25(a) | Filing and separate service requirements |
| FRAP 25(b)–(d) | Filing and separate service requirements |