Rule 24.Intervention
Part IV: Parties · Last amended January 1, 1991 · Last verified July 28, 2026
Full Text of Rule 24
Amendment History
Amended, effective Jan. 1, 1965; Jan. 1, 1967; Jan. 1, 1991.
Plain-English Summary
Rule 24(a) covers intervention of right. On timely application, anyone must be permitted to intervene when a statute confers an unconditional right to do so, or when the applicant claims an interest in the property or transaction that is the subject of the action, and disposing of the action without the applicant may as a practical matter impair or impede the applicant's ability to protect that interest — unless an existing party already adequately represents that interest.
Rule 24(b) covers permissive intervention, which rests in the court's discretion. On timely application, someone may intervene when a statute confers a conditional right to do so, or when the applicant's claim or defense shares a question of law or fact with the main action. The rule also lets a state officer or agency intervene, on timely application, when a party relies on a statute, executive order, regulation, order, requirement, or agreement that officer or agency administers or issued. In deciding whether to allow permissive intervention, the court must consider whether it will unduly delay or prejudice the adjudication of the existing parties' rights.
Rule 24(c) sets the procedure: whoever wants to intervene serves a motion on the parties under Rule 5, states the grounds for intervention in the motion, and attaches a pleading setting out the claim or defense for which intervention is sought. The same procedure applies when a statute gives the right to intervene.
Frequently Asked Questions
What are the two ways someone can intervene in a Delaware case as of right?
Rule 24(a) allows intervention of right when a statute confers an unconditional right to intervene, or when the applicant claims an interest in the property or transaction at issue that disposing of the case without the applicant may impair, unless an existing party already adequately represents it.
Can a court deny intervention even when the applicant's claim shares a common question with the case?
Yes. Rule 24(b) makes permissive intervention discretionary, and the court must consider whether allowing it will unduly delay or prejudice the adjudication of the existing parties' rights.
Can a state agency intervene in a case involving a statute it administers?
Yes. Rule 24(b) lets a state officer or agency intervene on timely application when a party relies on a statute, executive order, regulation, order, requirement, or agreement that officer or agency administers or issued.
What has to accompany a motion to intervene in Delaware?
Rule 24(c) requires the motion to state the grounds for intervention and to be accompanied by a pleading setting out the claim or defense for which intervention is sought.
What if my interest is already adequately represented by an existing party?
Rule 24(a) bars intervention of right on the impaired-interest ground when the applicant's interest is already adequately represented by existing parties.