Ch. IV: Parties · Current through June 1, 2026 · Last verified September 9, 2026
In one sentenceRule 24 lets an outsider join a case as of right where a statute says so or their interest would otherwise go unprotected, and by permission where their claim shares a common question.
(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 an applicant claims an interest relating to the property or transaction which is the subject of the action and 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. 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.
End
Plain-English Summary
As of right. On timely application, anyone shall be permitted to intervene where a statute confers an unconditional right to do so, or where the applicant claims an interest in the subject of the action and is so situated that disposing of it may as a practical matter impair their ability to protect that interest — unless existing parties adequately represent it.
By permission. On timely application, anyone may be permitted to intervene where a statute confers a conditional right, or where their claim or defence and the main action share a common question of law or fact.
The word doing the work in both branches is timely. An interest that would have justified intervention at the start may not justify it once a trial date is set.
How. Serve a motion to intervene on the parties as Rule 5 provides. It states the grounds and is accompanied by the pleading setting out the claim or defence for which intervention is sought — so the court can see what the intervenor would actually add before letting them in.
Frequently Asked Questions
Can a grandparent or other relative join a Delaware Family Court case?
On timely application, where a statute gives an unconditional right, or where they claim an interest that the disposition may practically impair and no existing party adequately represents it. Otherwise, permission may be given where their claim shares a common question with the main action.
How do I ask to intervene?
Serve a motion to intervene on the parties as provided in Rule 5, stating the grounds and accompanied by the pleading setting out the claim or defence for which intervention is sought.
Can I intervene at any time?
The application must be timely. Both intervention of right and permissive intervention require it.
Source & verification. The rule text and amendment history are reproduced verbatim from the Delaware Family Court Rules of Civil Procedure (Fam. Ct. Civ. R. 24), and every rule has been checked word for word against the Delaware Family Court’s own published edition of these rules. Current through June 1, 2026. The plain-English summary is original and written by us. Last verified September 9, 2026. ·
Official source
Also known as:intervene Delaware Family Courtmotion to intervene DelawareFam. Ct. Civ. R. 24