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Rule 24.Intervention.

Last verified July 6, 2026

In one sentenceRule 24 lets a person who is not already a party join a pending lawsuit, either because the case will affect a legal interest of theirs that no existing party will adequately protect, or because they have a claim or defense that shares a common question with the case already in progress.

Full Text of Rule 24

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(a) Intervention of right. Upon timely application, anyone shall be permitted to intervene in an action: (1) when a statute confers an unconditional right to intervene; or (2) when the applicant claims an interest relating to the property or transaction which is the subject of the action and the applicant is so situated that the disposition of the action may as a practical matter impair or impede the applicant’s ability to protect that interest, unless the applicant’s interest is adequately represented by existing parties.
(b) Permissive intervention. Upon timely application anyone may 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. When a party to an action relies for ground of claim or defense upon any statute or executive order administered by a federal or state governmental officer or agency or upon any regulation, order, requirement or agreement issued or made pursuant to the statute or executive order, the officer or agency upon timely application may be permitted to intervene in the action. In exercising its discretion the court shall consider whether the intervention will unduly delay or prejudice the adjudication of the rights of the original parties.
(c) Procedure. A person desiring to intervene shall serve a motion to intervene upon the parties as provided in Rule 5. The motion shall state the grounds therefor and shall be accompanied by a pleading setting forth the claim or defense for which intervention is sought. The same procedure shall be followed when a statute gives a right to intervene.
(dc) District court rule. Rule 24 applies in the district courts.

Amendment History

[Amended eff.10-1-95.]

Committee Comments

Committee Comments on 1973 Adoption

This rule is virtually identical with Rule 24, F.R.C.P. The only differences are the deletions of matters not relevant to state practice. The rule is more detailed, both as to the grounds for intervention and the procedure therefor, than Code of Ala., Tit. 7, § 247 and Equity Rule 37, which it supersedes. It expressly permits intervention wherever a statute gives a right to intervene, as in Code of Ala., §§ 6-6-252 (detinue), 6-6-568 (proceedings to quiet title), 6-6-150 (trial of right of property), and 35-6-21 (partition suits).

Plain-English Summary

Most lawsuits start with just a plaintiff and a defendant, but plenty of other people can have a stake in how the case comes out. A lienholder, an insurer, a co-owner of disputed property, or a government agency enforcing a statute might all have real interests riding on the outcome even though nobody named them in the complaint. Rule 24 gives those outsiders a way in. It lets a nonparty file a motion asking the court for permission to join the case as a full participant, with the right to file pleadings, take part in discovery, and argue their position, rather than sitting on the sidelines hoping the existing parties look out for them.

The rule splits intervention into two tracks. Under intervention of right, the court must let someone in if a statute gives them that right, or if they can show a stake in the property or transaction at issue, a real risk that the case will impair their ability to protect that stake, and no existing party who will adequately look out for it. Under permissive intervention, the court has discretion to let someone join if a statute allows conditional intervention or if their claim or defense shares a common question of law or fact with the main case; here the judge weighs the benefit of bringing the new party in against the delay and disruption it might cause to the parties already litigating. A government agency enforcing a regulation can sometimes intervene under this permissive track even when it has no direct financial stake in the dispute.

Getting in the door takes more than showing up and asking. A would-be intervenor must move promptly, since courts routinely turn away motions filed late in the case, especially once a hearing or trial is close. The motion must spell out the grounds for intervention and come with a proposed pleading, such as a complaint or answer, laying out the claim or defense the intervenor wants to bring. Filing that pleading matters: it is what puts the intervenor's position before the court, rather than leaving the request to intervene as a bare, unsupported ask. Once the court grants intervention, the new party is bound by the case going forward just like anyone who was there from the start.

Frequently Asked Questions

What is the difference between intervention of right and permissive intervention?

Intervention of right means the court must allow the nonparty in once the requirements are met — typically a real stake in the property or transaction at issue that the case could impair and that no existing party adequately protects. Permissive intervention means the court has discretion to allow the nonparty in, usually because their claim or defense shares a common question of law or fact with the pending case, and the judge weighs any delay or prejudice the intervention would cause.

How do I ask to intervene in a case that is already pending?

You file a motion to intervene and serve it on all existing parties, stating the grounds for intervention. You must attach a proposed pleading, such as a complaint or answer, showing the claim or defense you want to raise. There is no separate requirement to first ask the court's permission just to file the motion.

Is there a deadline for filing a motion to intervene?

Rule 24 does not set a fixed deadline, but it requires the application to be timely, and courts look at how far the case has progressed, how long the applicant knew about its interest, and whether letting the applicant in now would delay or prejudice the parties already in the case. Waiting until close to a hearing or trial is risky and often results in the motion being denied.

Can a government agency intervene in a private lawsuit?

Yes. When a party's claim or defense relies on a statute, executive order, or regulation that a government officer or agency administers, that officer or agency may seek permission to intervene, even without the kind of direct property interest that intervention of right usually requires.

What happens if my interest is already being represented by one of the existing parties?

If an existing party is already adequately protecting your interest, you do not qualify for intervention of right, since that track requires showing that no current party will look out for your stake. You might still be able to seek permissive intervention if your claim or defense shares a common question with the case, but the court has discretion to deny it.

Source & verification. The rule text, amendment history, and Committee Comments are reproduced verbatim from the official Alabama Rules of Civil Procedure (Ala. R. Civ. P. 24). Prescribed by the Supreme Court of Alabama (Ala. Const. amend. 328, § 6.11). The plain-English summary is original and written by us. Last verified July 6, 2026. · Official source
Also known as: intervening in a lawsuitjoining a pending case as a nonpartyintervention of rightpermissive interventionmotion to intervene AlabamaAla. R. Civ. P. 24