Chapter 11. Civil Practice Act · Article 4. Parties · Last amended 1968 · Last verified July 17, 2026
In one sentenceO.C.G.A. § 9-11-24 gives a timely applicant the right to intervene in an action when a statute grants an unconditional right or when the applicant’s protectable interest may be impaired by the action’s disposition and isn’t already adequately represented, allows permissive intervention when a statute grants a conditional right or a common question of law or fact exists, and requires the applicant to serve a motion accompanied by a pleading stating the claim or defense.
(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 matter of the action and he is so situated that the disposition of the action may as a practical matter impair or impede his 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 Code Section 9-11-5. 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.
Plain-English Summary
Intervention of right gives an outsider to a lawsuit two paths in on a timely application: a statute may confer an unconditional right to intervene, or the applicant may claim an interest in the property or transaction at issue and be so situated that the case’s disposition could, as a practical matter, impair its ability to protect that interest — unless an existing party already represents that interest adequately. Timeliness is the gatekeeper on both paths; wait too long, and the right to intervene can be lost regardless of the merits.
Permissive intervention works differently. A timely applicant may be allowed to intervene, at the court’s discretion, when a statute confers a conditional right to intervene or when the applicant’s claim or defense shares a question of law or fact with the main action. In deciding whether to allow it, the court has to consider whether the intervention will unduly delay or prejudice the rights of the original parties.
Procedurally, a person who wants in has to serve a motion to intervene on the existing parties the same way other post-complaint papers are served, stating the grounds for intervention and attaching a pleading that sets out the claim or defense being asserted. That same procedure applies even when a statute is what gives the applicant the right to intervene in the first place.
Frequently Asked Questions
What are the two ways someone can intervene in a Georgia lawsuit as of right?
Either a statute confers an unconditional right to intervene, or the applicant claims an interest whose protection could be impaired by the case’s outcome and isn’t already adequately represented by an existing party.
What is permissive intervention, and how does it differ from intervention of right?
Permissive intervention is discretionary — allowed when a statute confers a conditional right or when the applicant’s claim or defense shares a question of law or fact with the main action — and the court weighs undue delay or prejudice to the original parties before allowing it.
What does someone have to file to intervene in a Georgia case?
A motion to intervene, served on the parties, stating the grounds for intervention and accompanied by a pleading setting out the claim or defense for which intervention is sought.
Can a court deny intervention because it would delay the case?
For permissive intervention, yes — the court is directed to consider whether the intervention will unduly delay or prejudice the adjudication of the original parties’ rights.
Does “timely application” have a fixed deadline under this section?
No fixed number of days appears in the text; both intervention tracks require a timely application, leaving the court to judge timeliness from the circumstances of the case.
Amendment History
Ga. L. 1966, p. 609, § 24; Ga. L. 1967, p. 226, § 12; Ga. L. 1968, p. 1104, § 8.
Source & verification. Section text and amendment history are
reproduced verbatim from the Official Code of Georgia Annotated, published by the
Official Code of Georgia Annotated, Georgia Code Revision Commission / LexisNexis. Last verified July 17, 2026.
· Official source
Also known as:intervention Georgia lawsuitintervention of right Georgiapermissive intervention Georgiamotion to intervene Georgia procedure