Rule 24.Intervention.

Current through July 1, 2026 · Last verified September 11, 2026

In one sentenceRule 24 allows intervention of right where a statute confers one or where an interest in property or a child could be impaired, and permissive intervention on a common question.

Full Text of Rule 24

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

(a) (a) Intervention of right. Upon timely application anyone shall be permitted to intervene in an action:

(1) (1) when a statute confers an unconditional right to intervene; or

(2) (2) when the applicant claims an interest relating to the property, transaction, or custody, visitation, or parental rights of a minor child which is the subject 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) (b) Permissive intervention. Upon timely application anyone may be permitted to intervene in an action:

(1) (1) when a statute confers a conditional right to intervene; or

(2) (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, ordinance or executive order administered by an officer, agency or governmental organization of the State or a county, or upon any regulation, order, requirement or agreement issued or made pursuant to the statute, ordinance or executive order, the officer, agency or governmental organization 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 the original parties.

(c) (c) Procedure. A person desiring to intervene shall serve a motion to intervene upon all parties affected thereby. The motion shall state the ground therefor and shall be accompanied by a pleading setting forth the claim for which intervention is sought. The same procedure shall be followed when a statute gives a right to intervene.

(d) (d) Notice of Claim of Unconstitutionality. A party who draws into question the constitutionality of a Hawaiʻi statute in any proceeding to which the State of Hawaiʻi, or any agency thereof, or any officer or employee thereof in an official capacity is not a party, shall provide immediate written notice of the constitutional issue to the Attorney General of the State of Hawaiʻi.

End

Amendment History

(Amended March 30, 2022, effective April 25, 2022.)

Plain-English Summary

Intervention of right comes in two forms. A statute may confer an unconditional right. Otherwise the applicant must claim an interest relating to the property, transaction, or the custody, visitation or parental rights of a minor child which is the subject of the action, and be so situated that disposing of the action may as a practical matter impair or impede their ability to protect that interest, unless existing parties already represent it adequately. The inclusion of parental rights and custody in that list is what makes this rule matter in family court.

Permissive intervention needs less. A conditional statutory right will do, or a question of law or fact in common between the applicant claim or defence and the main action. A government officer, agency or organization may intervene where a party relies on a statute, ordinance, executive order or regulation it administers. In exercising discretion the court considers whether intervention will unduly delay or prejudice the adjudication of the original parties rights.

Procedure and one notice duty close the rule. A motion to intervene is served on all affected parties, states its grounds, and comes with a pleading setting out the claim. Separately, a party who questions the constitutionality of a Hawaii statute in a proceeding where the State is not a party must give immediate written notice of the issue to the Attorney General.

Frequently Asked Questions

Who can intervene in a Hawaii family court case?

Anyone with an unconditional statutory right, or claiming an interest in the property, transaction, or custody, visitation or parental rights of a minor child which disposing of the action could impair, unless existing parties represent it adequately.

What is permissive intervention?

Intervention allowed at the court discretion where a statute confers a conditional right, or where the applicant claim or defence shares a question of law or fact with the main action.

How do I ask to intervene?

Serve a motion to intervene on all affected parties, stating the grounds and accompanied by a pleading setting forth the claim for which intervention is sought.

What does the court weigh on a permissive application?

Whether the intervention will unduly delay or prejudice the adjudication of the rights of the original parties.

What if I challenge a statute constitutionality?

Where the State, an agency, or an officer or employee in an official capacity is not a party, you must give immediate written notice of the constitutional issue to the Attorney General of Hawaii.

Source & verification. The rule text is reproduced verbatim from the official Hawaii Family Court Rules (Haw. Fam. Ct. R. 24). Prescribed by the Supreme Court of Hawaii. The plain-English summary is original and written by us. Last verified September 11, 2026. · Official source

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