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. When the constitutionality of an act of the General Assembly affecting the public interest is drawn into question in any action, the movant shall serve a copy of the pleading, motion or other paper first raising the challenge upon the Attorney- General.
Rule 24.03.Procedure.
Current through June 18, 2026 · Last verified July 9, 2026
In one sentenceRule 24.03 requires anyone seeking to intervene to serve a motion stating the grounds, attach a pleading setting out the claim or defense, and notify the Attorney General when the case challenges the constitutionality of a state law affecting the public interest.
Full Text of Rule 24.03
Amendment History
(Amended October 14, 1977, effective January 1, 1978; amended December 3, 1998, effective January 1, 1999.)
Plain-English Summary
Rule 24.03 spells out the mechanics of intervening once Rule 24.01 or 24.02 gives someone grounds to join a case. The person seeking to intervene must serve a motion to intervene on the existing parties the way other motions are served, state the grounds for intervening, and attach a pleading that lays out the claim or defense the intervenor wants to raise. Someone intervening under a statutory right follows this same procedure.
The rule adds one more step for a narrow category of cases: when a lawsuit puts the constitutionality of an act of the General Assembly affecting the public interest at issue, whoever first raises that challenge -- whether in a pleading, a motion, or some other filing -- must serve a copy of that filing on the Attorney General. This gives the state's chief legal officer notice and an opportunity to weigh in when a Kentucky statute's validity is on the line.
Frequently Asked Questions
How do you formally intervene in a Kentucky lawsuit?
Under Rule 24.03, a person seeking to intervene serves a motion to intervene on the parties, states the grounds for intervening, and attaches a pleading setting out the claim or defense involved. The same procedure applies when a statute gives the person a right to intervene.
When does the Attorney General have to be notified of a lawsuit?
Rule 24.03 requires notice to the Attorney General when a case draws the constitutionality of an act of the General Assembly affecting the public interest into question. Whoever first files the pleading, motion, or other paper raising that challenge must serve a copy on the Attorney General.
Do I need to file a separate pleading to intervene?
Yes. Rule 24.03 requires the motion to intervene to be accompanied by a pleading that sets out the claim or defense for which intervention is sought, not just the motion itself.
Source & verification. The rule text is reproduced verbatim from the
official Kentucky Rules of Civil Procedure (Ky. R. Civ. P. 24.03). Prescribed by the Supreme Court of Kentucky (Ky. Const. § 116). The plain-English summary is original and written by us. Last verified July 9, 2026. ·
Official source
Also known as: how to intervene in a lawsuit Kentuckymotion to intervene procedureCR 24.03notifying the attorney general of a constitutional challengepleading requirements for intervention