The Supreme Court rendered many decisions on the often bloodless topic of civil procedure. Some have much bearing on the rights of associations in pending cases and several expand the often criticized final judgment rule.
In Episcopal Church in the Diocese of Connecticut v. Gauss, 302 Conn. 386 (2011), the Supreme Court addressed the attempt of a third party to intervene. In Gauss, a voluntary religious association comprised of several hundred individuals established by the elected officers and vestry of the plaintiff church sought to intervene in an action by the church and other members. The defendant and others sought to disassociate itself with the Diocese and affiliate itself with a religious organization outside the Diocese. The Diocese brought action against the defendants seeking a declaration that real and personal property of the defendant church be held in trust for the Diocese and an order enjoining the defendants from continuing to use the property. The trial court denied the motion to intervene and request for an evidentiary hearing on the basis that the issues raised by the association had been raised in the pleadings. Moreover, the association, who claimed title to the property, was going to intervene not to bring a claim against the defendants, but to bring a claim against the plaintiffs.
