Current through February 2024 · Last verified July 8, 2026
In one sentenceRule 24 lets someone who isn't yet a party join a pending lawsuit, either as of right when a statute grants that right or an unprotected interest is at stake, or with the court's permission when a common question links the applicant's claim to the case.
(a)Intervention of Right. Upon timely application anyone shall be permitted to intervene in an action:
(1)When a statute of this state 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 the applicant 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. Upon timely application anyone may be permitted to intervene in an action:
(1)When a statute of this state 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, the 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 the parties as provided in Rule 5. 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.
(d)Intervention by the Attorney General. When the constitutionality of an act of the legislature is drawn in question in any action to which the state or an officer, agency, or employee thereof is not a party, the party asserting the unconstitutionality of the act shall serve the attorney general with a copy of the proceeding within such time to afford the attorney general an opportunity to intervene.
Amendment History
Rhode Island does not publish a per-rule amendment history inside the compiled rules text reproduced here. The text above is verified current through the source’s own February 2024 printing; for the underlying adopting orders and any later amendments, see the Rhode Island Judiciary’s compiled rules page.
Plain-English Summary
Rule 24 gives an outsider a way into a lawsuit that’s already underway. It creates two paths. Intervention of right applies when a state statute grants an unconditional right to join, or when the applicant has an interest in the property or transaction at the center of the case and the outcome could as a practical matter make it harder to protect that interest — unless an existing party already represents that interest adequately. Permissive intervention lets the court allow someone in when a statute gives a conditional right to intervene, or when the applicant’s claim or defense shares a common question of law or fact with the pending case.
The rule also covers government intervention. When a case turns on a statute, executive order, or related regulation that a federal or state agency administers, that agency may ask to intervene, and the court weighs whether letting it in would unduly delay or prejudice the existing parties.
Anyone who wants in must move promptly. Rule 24 requires a timely application, served on the existing parties the same way other motions are served under Rule 5, and the motion must state the grounds for intervening and come with a pleading laying out the claim or defense the applicant wants to assert. Separately, the rule requires that the attorney general be served with a copy of the proceeding whenever a party challenges the constitutionality of a state law in a case where the state, or one of its officers, agencies, or employees, isn’t already a party, giving the attorney general time to intervene.
Frequently Asked Questions
What is the difference between intervention of right and permissive intervention under Rule 24?
Intervention of right means the court must let the applicant in, either because a statute grants an unconditional right to intervene or because the applicant has an interest in the case’s subject matter that the litigation could impair and no existing party adequately protects it. Permissive intervention is discretionary — the court may allow it when a statute grants a conditional right or when the applicant’s claim or defense shares a common question of law or fact with the case, weighing whether it would unduly delay or prejudice the original parties.
How does someone ask to intervene in a Rhode Island case?
The applicant serves a motion to intervene on the existing parties the same way any motion is served under Rule 5. The motion has to state the grounds for intervening and must be accompanied by a pleading — a complaint, answer, or similar document — that sets out the claim or defense the applicant wants to raise.
Why does the attorney general get notice when a case challenges the constitutionality of a state law?
Rule 24 requires the party challenging a legislative act’s constitutionality to serve the attorney general with a copy of the proceeding whenever the state, or one of its officers, agencies, or employees, isn’t already a party to the case. That notice gives the attorney general time to intervene and defend the statute before the court rules on its validity.
Source & verification. The rule text is reproduced verbatim from the
official Rhode Island Superior Court Rules of Civil Procedure (R.I. Super. Ct. R. Civ. P. 24). Prescribed by the Supreme Court of Rhode Island (R.I. Gen. Laws § 8-6-2). The plain-English summary is original and written by us. Last verified July 8, 2026. ·
Official source
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