Rule 24.Intervention
Last verified July 1, 2026
Full Text of Rule 24
Advisory Committee Comments
Advisory Committee Comment—2007 Amendment
Rule 24.04 is deleted because the subject matter is now addressed by new Rule 5A.
Plain-English Summary
Rule 24 recognizes two different ways an outsider can join a pending case. The first, intervention as of right, means the court has to let someone in — if they apply in time — when they claim an interest tied to the property or transaction the lawsuit is about, and deciding the case without them could, as a practical matter, hurt their ability to protect that interest, unless one of the existing parties is already adequately representing it. This is not discretionary once those conditions are met.
The second path, permissive intervention, is up to the court’s judgment. Anyone can ask to join a case, again if the request is timely, when their own claim or defense shares a common question of law or fact with the main lawsuit. Government officers or agencies also get a specific route in when a party in the case relies on a statute, executive order, or related regulation that the officer or agency administers. Because permissive intervention is discretionary, the court weighs whether letting the newcomer in will unfairly delay the case or prejudice the parties already there.
The mechanics are lightweight: someone who wants to intervene serves and files a notice of intervention on all existing parties, along with a pleading laying out the claim or defense and the reason intervention is warranted. If no existing party objects within 30 days after being served, the intervention is automatically treated as accomplished. If someone does object, the person seeking to intervene then has 30 days after being served with that objection to file an actual motion to intervene. If every party in the case agrees, someone can intervene without going through the notice process at all.
Frequently Asked Questions
What is the difference between intervention of right and permissive intervention?
Intervention of right must be allowed when someone has a stake in the property or transaction at issue and the case could practically impair their ability to protect it, unless an existing party already represents that interest adequately; permissive intervention is left to the court’s discretion when the applicant’s claim or defense shares a common question with the main case.
How does someone intervene in a pending Minnesota case?
They serve and file a notice of intervention on all parties, along with a pleading describing their claim or defense and why intervention is warranted.
What happens if nobody objects to the intervention notice?
If no existing party objects within 30 days after being served with the notice, the intervention is deemed accomplished automatically.
What if a party does object to someone intervening?
The person seeking to intervene then has 30 days after being served with the objection to serve an actual motion to intervene on all parties.
Can a government agency intervene in a private lawsuit?
Yes, if a party relies on a statute, executive order, or related regulation that the agency administers, the officer or agency may apply to intervene, subject to the same timeliness requirement.
Advisory Committee Comment--1993 Amendments
The only change made to this rule is to correct a typographical or grammatical error in the existing rule. No change in meaning or interpretation is intended.