Upon timely application anyone may be permitted to intervene in an action if the 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 state or federal governmental agency or officer, or upon any regulation, order, requirement or agreement issued or made pursuant to the statute or executive order, the agency or officer 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.
Rule 4:33-2.Permissive intervention
Last amended September 1, 1994 · Current through June 18, 2026 · Last verified July 7, 2026
In one sentenceRule 4:33-2 allows permissive intervention when the applicant's claim or defense shares a common question of law or fact with the main action, and lets a government agency intervene where a party relies on a statute or order it administers, subject to the court's discretion.
Full Text of Rule 4:33-2
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. 4:37-3; amended July 13, 1994 to be effective September 1, 1994.
Plain-English Summary
Even without a right to intervene, a person may be let in when it makes sense. This rule permits intervention, on timely application, when the applicant’s claim or defense and the main action share a common question of law or fact. It also lets a government agency or officer intervene when a party relies on a statute, executive order, or regulation the agency administers.
Permissive intervention is discretionary. In deciding, the court considers whether the intervention would unduly delay or prejudice the adjudication of the original parties’ rights.
Frequently Asked Questions
What is permissive intervention?
Intervention the court may allow, in its discretion, when the applicant’s claim or defense shares a common question of law or fact with the main action — considering whether it would unduly delay or prejudice the original parties.
Source & verification. The rule text and amendment history are reproduced verbatim from the
official New Jersey Rules of Court (N.J. Ct. R. 4:33-2). 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: permissive interventioncommon question interventionagency intervention