Rule 24.Intervention.
Last verified July 1, 2026
Full Text of Rule 24
Amendment History
Promulgated by R-16-0010, effective January 1, 2017.
Plain-English Summary
Rule 24 lets someone who is not already a party ask to join a pending lawsuit. Subdivision (a) covers intervention of right: on a timely motion, the court must let the applicant in if a statute grants an unconditional right to intervene, or if the applicant claims an interest in the subject of the action that could, as a practical matter, be impaired or impeded by the case going forward without them, unless the parties already in the case adequately represent that interest.
Subdivision (b) covers permissive intervention, which rests in the court's discretion rather than being guaranteed. A court may allow someone to intervene if a statute gives a conditional right to do so, or if the applicant's claim or defense shares a common question of law or fact with the main action; a state officer or agency can seek the same kind of permissive intervention when a party's claim or defense rests on a statute or regulation that officer or agency administers. Either way, the underlying motion must be timely, and for permissive intervention the rule also directs the court to consider whether allowing the intervention will unduly delay or prejudice the rights of the parties already in the case.
Subdivision (c) sets the mechanics: anyone moving to intervene must serve the motion on the existing parties and attach a proposed pleading spelling out the claim or defense the intervention seeks to advance. Once the court grants the motion, the intervenor must file and serve that pleading within 10 days unless the court sets a different deadline, and any party who must respond to it has 20 days to do so.
Frequently Asked Questions
What’s the difference between intervention of right and permissive intervention?
Intervention of right (subdivision (a)) is something the court must allow when a statute grants that right, or when the applicant’s interest could be impaired and isn’t already adequately represented. Permissive intervention (subdivision (b)) rests in the court’s discretion, typically when the applicant shares a common question of law or fact with the case.
Does a court have discretion to deny intervention of right when the conditions are met?
No, the court must permit intervention of right once its conditions are satisfied, unlike permissive intervention, which the court may grant or deny.
What must someone do to formally move to intervene?
Serve the motion on the existing parties and attach a proposed pleading setting out the claim or defense the intervention would raise.
How much time does an intervenor have to file its pleading once the motion to intervene is granted?
10 days after the order granting the motion, unless the court sets a different deadline.