Rule 2-214.Intervention
Circuit Court · Last amended January 1, 2013 · Last verified July 13, 2026
Full Text of Rule 2-214
Amendment History
Amended Nov. 12, 2003, effective Jan. 1, 2004; amended November 1, 2012, effective January 1, 2013.
Plain-English Summary
Intervention lets someone who isn't already a party step into an ongoing case because it affects them. Rule 2-214(a) creates intervention of right in two situations: when the person has an unconditional right to intervene under some other law, or when the person claims an interest in the property or transaction at the heart of the case, and disposing of the case could as a practical matter impair that interest unless an existing party already protects it adequately.
Section (b) covers permissive intervention, which rests in the court's discretion. Anyone with a claim or defense sharing a common question of law or fact with the case may ask to intervene. The federal government, the State, a political subdivision, or any of their officers or agencies gets a specific path in when the validity of a constitutional provision, charter provision, statute, ordinance, regulation, executive order, requirement, or agreement is drawn into question in the case, or when a party's claim or defense relies on one of those. Whichever type of permissive intervention is at issue, the court weighs whether allowing it would unduly delay or prejudice the rights of the parties already in the case.
Both types of intervention require a timely motion. Section (c) sets the procedure: the person seeking to intervene files and serves a motion stating the grounds, along with a copy of the pleading, motion, or response they intend to file if allowed in. If the court grants the motion, its order designates the intervenor as a plaintiff or a defendant, and the intervenor must then promptly file that pleading, motion, or response and serve it on everyone else in the case.
Frequently Asked Questions
What's the difference between intervention of right and permissive intervention?
Intervention of right applies when someone has an unconditional legal right to intervene, or when disposing of the case could impair their interest in its subject matter unless existing parties already protect it. Permissive intervention is discretionary — the court may allow it when the person's claim or defense shares a common question of law or fact with the case.
Can the government intervene when a law's validity is challenged?
Yes. The federal government, the State, a political subdivision, or their officers or agencies may seek permissive intervention when the validity of a constitutional provision, statute, ordinance, regulation, executive order, requirement, or agreement is drawn into question, or when a party relies on one of those for a claim or defense.
What has to be filed with a motion to intervene?
The motion itself must state the grounds for intervention, and it must be accompanied by a copy of the proposed pleading, motion, or response setting out the claim or defense the intervenor wants to raise.
Can a court deny intervention because it would slow down the case?
Yes, for permissive intervention. The court is directed to consider whether allowing intervention would unduly delay or prejudice the rights of the original parties.
What happens after a court grants a motion to intervene?
The order designates the intervenor as a plaintiff or defendant, and the intervenor must promptly file the pleading, motion, or response that was attached to the motion and serve it on all parties.