(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.
Rule 24.Intervention
Group IV: Parties · Not amended since adoption on record · Last verified July 13, 2026
In one sentenceRule 24 lets an outsider join pending litigation to protect a real stake — as of right when a statute grants that right or the case might impair an unprotected interest, and by permission when a common question exists or a government officer administers the law at issue.
Full Text of Rule 24
(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, 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; Notice to State When Validity of Statute Questioned. A person desiring to intervene shall serve a motion to intervene upon the parties as provided in Rule 5. The motion shall state the ground 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 of this State gives a right to intervene. When the constitutionality of a statute is drawn in question in any action in which the State or an officer, agency or employee thereof is not a party, the party shall also serve the motion on the Attorney General.
Notes
Note: This is the same as Federal Rule 24(a). Intervention of right under this Rule is a counterpart to Rule 19(a) on joinder of persons needed for a just adjudication; where, upon motion of a party in an action, an absentee should be joined so that he may protect his interest which as a practical matter may be substantially impaired by the disposition of the action, he ought to have a right to intervene in the action on his own motion. The Rule expands intervention of right as provided by Code § 15-5-200, and Circuit Court Rule 22.
Note: This is the language of current Federal Rule 24(b) with one minor change to delete an unnecessary reference to federal law. It provides a needed procedure to permit intervention by parties who ought to be allowed to intervene, but have no direct right to intervene under Rule 24(a).
Note: This language is a modification of Federal Rule 24(c). The last two sentences, providing that the same procedure will be followed when a statute permits intervention, and for notice to the Attorney General when a statute is alleged to be unconstitutional, are modified slightly to make them applicable to State practice. Code § 15-33-80 gives the Attorney General a statutory right to intervene in declaratory judgment actions. The language of the Federal Rule on these matters is preferred because Rule 24(c) is procedural, and designed for notice to the Attorney General so that he may decide whether or not to intervene in any case challenging the constitutionality of a statute, while the present statute apparently applies only to declaratory judgment actions.
Plain-English Summary
Rule 24(a) covers intervention of right, which arises in two situations: a statute gives an unconditional right to intervene, or the applicant has an interest tied to the property or transaction at the center of the case, and resolving the case as a practical matter could impair or impede that interest, unless the existing parties already protect it adequately. This works as the flip side of Rule 19 — where Rule 19 asks whether an absent person ought to be brought into a case for a just adjudication, Rule 24(a) gives that same person the ability to bring themselves in.
Rule 24(b) covers permissive intervention, which the court may allow rather than must allow. It applies when a statute grants 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 carves out a specific path for government officers and agencies: when a party relies on a statute, executive order, or a related regulation or agreement administered by a federal or state official, that official may seek permission to intervene. Whatever the basis, the court weighs whether letting the newcomer in will unduly delay the case or prejudice the rights of the parties already litigating it.
Rule 24(c) sets the mechanics: a motion to intervene, served the way papers are served under Rule 5, stating the grounds for intervention and accompanied by the proposed pleading — the complaint, answer, or other pleading the intervenor would file — so the court and existing parties can see exactly what claim or defense is being added. The same procedure applies when a state statute independently confers a right to intervene. And when a case puts the constitutionality of a statute in question and the State is not already a party, the intervenor's motion must also go to the Attorney General, so the State has the chance to weigh in on the challenge even though it was not originally sued.
Frequently Asked Questions
What's the difference between intervention of right and permissive intervention?
Intervention of right under Rule 24(a) means the court must let the applicant in once the statutory or impairment-of-interest conditions are met; permissive intervention under Rule 24(b) is left to the court's discretion even when a common question of law or fact exists.
Do I have to file anything besides a motion to intervene?
Yes. Rule 24(c) requires the motion to be accompanied by a pleading that sets out the claim or defense the applicant wants to raise, so the court and parties can evaluate what intervention would add to the case.
When does a party seeking to intervene have to notify the Attorney General?
When the constitutionality of a statute is drawn into question in an action where the State or one of its officers, agencies, or employees is not already a party, the motion to intervene must also be served on the Attorney General.
Can the court deny permissive intervention even if I share a common question with the case?
Yes. Sharing a common question of law or fact is a precondition, not a guarantee — the rule directs the court to weigh whether allowing intervention would unduly delay or prejudice the rights of the original parties.
Is there a fixed deadline for filing a motion to intervene?
The rule requires a "timely application" rather than setting a specific number of days, so timeliness is judged against the stage of the case and the reasons for the delay rather than a fixed clock.
Can a government officer intervene even without a direct interest in the litigation?
Rule 24(b) allows an officer or agency to seek permission to intervene when a party relies on a statute, executive order, or related regulation that the officer or agency administers.
Source & verification. Rule text, official Notes, and amendment
history are reproduced verbatim from the South Carolina Rules of Civil Procedure,
adopted by the Supreme Court of South Carolina. Last verified July 13, 2026. ·
Official source
Also known as: intervention of right South Carolinapermissive interventionmotion to intervene procedureattorney general notice statute challenge