Current through May 1, 2026 · Last verified July 6, 2026
In one sentenceRule 2.209 lets an outsider join a pending Michigan lawsuit as of right when a law grants that right, the parties agree, or the outsider's interest could be practically harmed by the outcome without adequate protection, and otherwise with the court's permission when their claim shares a common question with the case.
(A)Intervention of Right. On timely application a person has a right to intervene in an action:
(1)when a Michigan statute or court rule confers an unconditional right to intervene;
(2)by stipulation of all the parties; or
(3)when the applicant claims an interest relating to the property or transaction which is the subject of the action and 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. On timely application a person may intervene in an action
(1)when a Michigan statute or court rule 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 seeking to intervene must apply to the court by motion and give notice in writing to all parties under MCR 2.107. The motion must
(1)state the grounds for intervention, and
(2)be accompanied by a pleading stating the claim or defense for which intervention is sought.
(D)Notice to Attorney General. When the validity of a Michigan statute or a rule or regulation included in the Michigan Administrative Code is in question in an action to which the state or an officer or agency of the state is not a party, the court may require that notice be given to the Attorney General, specifying the pertinent statute, rule, or regulation.
Amendment History
Michigan tracks the orders that adopt and amend its Court Rules in a separate administrative record rather than printing a history note beneath each rule in the compiled rules text reproduced here. The text above is verified current through the source’s own May 1, 2026 update; for the full order-by-order history of this rule, see the Michigan Supreme Court’s rules and orders page.
Plain-English Summary
A person has a right to intervene in an action on timely application in three situations: a Michigan statute or court rule grants an unconditional right to do so; all the parties stipulate to it; or the applicant claims an interest in the property or transaction at issue, and the disposition of the case may practically impair or impede that person's ability to protect it, unless an existing party already adequately represents that interest. Short of intervention as of right, a person can still seek the court's permission to intervene when a statute or rule confers a conditional right, or when the applicant's claim or defense shares a common question of law or fact with the main action; the court then weighs whether letting the newcomer in will unduly delay or prejudice the existing parties.
Intervening takes a motion, with written notice to every party, stating the grounds for intervention and attaching a proposed pleading that lays out the claim or defense being asserted. Separately, when the validity of a Michigan statute, administrative rule, or regulation is at issue in a case where the state isn't already a party, the court can require that notice go to the Attorney General.
Frequently Asked Questions
What are the three ways to intervene "as of right" in someone else's lawsuit?
A statute or court rule gives an unconditional right to join, all the parties agree to it, or the applicant's interest in the property or transaction at issue could be practically harmed by the outcome and no existing party adequately represents that interest.
What if I don't qualify for intervention as of right?
You can still ask the court for permission to intervene if your claim or defense shares a common question of law or fact with the pending case; the court weighs whether letting you in will unduly delay or prejudice the existing parties.
How do I ask to intervene?
By motion, with written notice to all the parties, stating your grounds for intervening and attaching a proposed pleading that sets out your claim or defense.
Does the state get notified if a law's validity is being challenged?
The court may require notice to the Attorney General when a Michigan statute, rule, or regulation's validity is in question in a case where the state isn't already a party.
Source & verification. The rule text is reproduced verbatim from the
official Michigan Court Rules (MCR 2.209). Prescribed by the Supreme Court of Michigan (Mich. Const. 1963, art. VI, § 5). The plain-English summary is original and written by us. Last verified July 6, 2026. ·
Official source
Also known as:intervention Michigan lawsuithow to intervene in a case Michiganintervention as of right Michiganpermissive intervention Michigan