RulesofCivilProcedure.com Civil Procedure · Every State

Rule 4:33-1.Intervention as of right

Last amended September 1, 1994 · Current through June 18, 2026 · Last verified July 7, 2026

In one sentenceRule 4:33-1 provides for intervention as of right, allowing anyone who timely applies and claims an interest in the subject of the action that the litigation may impair to intervene, unless existing parties already adequately represent that interest.

Full Text of Rule 4:33-1

Text size

Upon timely application anyone shall be permitted to intervene in an action if 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 ability to protect that interest, unless the applicant’s interest is adequately represented by existing parties.

Amendment History

New Jersey publishes each rule’s amendment record in a “History” note beneath the rule. It is reproduced verbatim below; the “R.R.” citations refer to the former Revised Rules numbering the current rules replaced.

Source-R.R. 4:37-1; amended July 13, 1994 to be effective September 1, 1994.

Plain-English Summary

Someone with a real stake in a case may sometimes join it even though no party brought them in. This rule grants intervention as of right: on timely application, anyone must be permitted to intervene if they claim an interest relating to the property or transaction at the heart of the action and are so situated that the disposition may, as a practical matter, impair or impede their ability to protect that interest.

There is one gate. Intervention as of right is denied if the applicant’s interest is already adequately represented by the existing parties, since in that case the newcomer adds nothing the case does not already protect.

Frequently Asked Questions

When can someone intervene in a case as of right?

On timely application, when the applicant claims an interest in the property or transaction at issue that the disposition may practically impair, unless that interest is already adequately represented by existing parties.

Source & verification. The rule text and amendment history are reproduced verbatim from the official New Jersey Rules of Court (N.J. Ct. R. 4:33-1). Prescribed by the Supreme Court of New Jersey (N.J. Const. art. VI, § 2, ¶ 3). The plain-English summary is original and written by us. Last verified July 7, 2026. · Official source
Also known as: intervention as of rightinterveneimpairment of interest