In one sentenceRule 24 lets someone who is not yet a party join a pending lawsuit — as of right when a statute grants that right or the applicant’s interest in the property or transaction at issue may otherwise be impaired, or with the court’s permission when the applicant’s claim or defense shares a common question with the case — by serving a timely motion to intervene along with a pleading setting out the claim or defense.
(a)Intervention of right. – Upon timely application anyone shall be permitted to intervene in an action:
(1)When a statute confers an unconditional right to intervene; or
(2)When the applicant claims an interest relating to the property or transaction which is the subject of the action and he is so situated that the disposition of the action may as a practical matter impair or impede his ability to protect that interest, unless the applicant's interest is adequately represented by existing parties.
(b)Permissive intervention. – Upon timely application anyone may be permitted to intervene in an action.
(1)When a statute 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. When a party to an action relies for ground of claim or
defense upon any statute or executive order administered by a federal or State governmental officer or agency or upon any regulation, order, requirement, or agreement issued or made pursuant to the statute or executive order, such officer or agency 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)Procedure. – A person desiring to intervene shall serve a motion to intervene upon all parties affected thereby. 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, except when the statute prescribes a different procedure. Intervention as of right by both the Speaker of the House of Representatives and the President Pro Tempore of the Senate pursuant to G.S. 1-72.2 shall be effected upon the filing of a notice of intervention of right in the trial or appellate court in which the matter is pending regardless of the stage of the proceeding.
Amendment History
(1967, c. 954, s. 1; 2017-57, s. 6.7(k).)
Plain-English Summary
Rule 24(a) gives a timely applicant an absolute right to intervene when a statute confers an unconditional right to do so, or when the applicant claims an interest in the property or transaction at the center of the case and disposing of the action might, as a practical matter, impair the applicant’s ability to protect that interest — unless the existing parties already represent it adequately.
Rule 24(b) lets the court permit intervention on a timely application when a statute confers a conditional right, or when the applicant’s claim or defense shares a question of law or fact with the main action. A government officer or agency administering a statute, executive order, regulation, or agreement that a party relies on may likewise be permitted to intervene on that same common-question basis. In deciding whether to allow permissive intervention, the court weighs whether it will unduly delay or prejudice the rights of the parties already in the case.
Rule 24(c) requires anyone wanting to intervene to serve a motion on all affected parties, stating the grounds and attaching the pleading — a complaint or an answer — that sets out the claim or defense being asserted. A statute granting a right to intervene generally follows this same procedure unless it sets its own. North Carolina’s presiding legislative officers get a shortcut: the Speaker of the House of Representatives and the President Pro Tempore of the Senate may intervene as of right by filing a notice of intervention in whatever court the matter is pending, regardless of the stage the case has reached.
Frequently Asked Questions
When does someone have an absolute right to intervene in a North Carolina lawsuit?
When a statute confers an unconditional right, or when the applicant has an interest in the property or transaction at issue that disposing of the case might impair, and the existing parties do not already represent that interest adequately.
What is the difference between intervention of right and permissive intervention?
Intervention of right must be allowed once the applicant meets the standard; permissive intervention is left to the court’s discretion, weighing whether it will unduly delay or prejudice the existing parties.
What must accompany a motion to intervene?
A pleading — a complaint or an answer — setting out the specific claim or defense for which intervention is sought, served on every party the intervention would affect.
Source & verification. The rule text and history citation are reproduced verbatim from the
official North Carolina General Statutes, Chapter 1A (N.C. R. Civ. P. 24). Enacted by the North Carolina General Assembly (S.L. 1967, c. 954, codified at N.C.G.S. § 1A-1). The plain-English summary is original and written by us. Last verified July 3, 2026. ·
Official source
Also known as:intervention of rightpermissive interventionmotion to intervenejoining a pending lawsuitgovernment agency interventionnotice of intervention legislative officers