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Rule 24.Intervention

Part IV: Parties · Last amended January 1, 1991 · Last verified July 28, 2026

In one sentenceRule 24 lets someone intervene in a pending Delaware action as of right when a statute grants that right or when the applicant's interest in the property or transaction at issue may be impaired and isn't already adequately represented, and lets the court permit intervention on a discretionary basis when a statute allows it or the applicant's claim shares a common question with the main action.

Full Text of Rule 24

Text sizeJump to: (a) (b) (c)

(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 matter 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 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 existing 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.

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.

Source & verification. Rule text is reproduced verbatim from the Delaware Rules of Civil Procedure for the Superior Court, adopted by the Superior Court of the State of Delaware. Last verified July 28, 2026. · Official source
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