Upon timely motion, anyone shall be permitted to intervene in an appeal or an original jurisdiction proceeding pending in the Supreme Court or in an appeal pending in the Intermediate Court from an administrative agency, but only when (1) a statute of this State confers an unconditional right to intervene; or (2) the representation of the applicant's interest by existing parties is or may be inadequate, and the applicant is or may be bound by judgment in the action. Intervention may be permitted in other cases in the discretion of the Intermediate Court or the Supreme Court. A party to the case may respond to a motion to intervene within ten days of the date the motion was filed.
W.va. R. App. P. 32