24.01 Intervention as of Right. Upon timely motion any person shall be permitted to intervene in an action: (1) when a statute confers an unconditional right to intervene; or (2) when the movant claims an interest relating to the property or transaction which is the subject of the action and the movant is so situated that the disposition of the action may as a practical matter impair or impede the movant's ability to protect that interest, unless the movant's interest is adequately represented by existing parties; or (3) by stipulation of all the parties.
Rule 24.Intervention
Last amended July 1, 2018 · Last verified July 2, 2026
In one sentenceRule 24 lets a nonparty intervene in a pending action as of right when a statute confers that right, a stipulation of all parties allows it, or the nonparty's interest in the property or transaction at issue could practically be impaired without adequate existing representation, and separately lets a nonparty intervene with the court's permission when a common question of law or fact exists.
Full Text of Rule 24
24.02 Permissive Intervention. Upon timely motion any person may be permitted to intervene in an action: (1) when a statute confers a conditional right to intervene; or (2) when a movant's claim or defense and the main action have a question of law or fact in common. In exercising discretion the court shall consider whether or not the intervention will unduly delay or prejudice the adjudication of the rights of the original parties.
24.03 Procedure. Any person desiring to intervene shall file and 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. The same procedure shall be followed when a statute gives a right to intervene.
24.04 Notice to Attorney General When Statute, Rule or Regulation Is Questioned. When the validity of a statute of this state or an administrative rule or regulation of this state is drawn in question in any action to which the state or an officer or agency is not a party, the court shall require that notice be given the attorney general, specifying the pertinent statute, rule or regulation.
24.05 Finality of Judgment. Any order granting or denying a motion to intervene filed pursuant to this rule shall be a final judgment for purposes of Tenn. R. App. P. 3.
Advisory Commission Comments
Amendment History
- Adopted by order filed January 8, 2018, effective July 1, 2018.
Plain-English Summary
Rule 24.01 grants intervention as of right in three situations: when a statute gives an unconditional right to intervene, when the movant claims an interest in the property or transaction at the heart of the action and is so situated that the case's disposition could, as a practical matter, impair or impede the movant's ability to protect that interest — unless an existing party already adequately represents it — or when all the parties stipulate to it. Tennessee courts have read the "interest" required for the second path with some rigor, generally expecting something closer to a genuine, legally cognizable stake than a merely speculative or contingent one, and treat the adequacy-of-representation hurdle as low to clear except where an existing party, particularly a government entity, already shares the intervenor's underlying objective.
Rule 24.02 covers permissive intervention, available when a statute confers a conditional right to intervene or when the movant's claim or defense shares a question of law or fact with the main action. Because this route is discretionary, the court weighs whether letting the intervenor in will unduly delay or prejudice the rights of the original parties, and it tends to be more receptive when an intervenor is challenging an existing order than when the intervenor is trying to inject an entirely new claim into the case.
Rule 24.03 requires anyone who wants to intervene to file and serve a motion under Rule 5, stating the grounds for intervention and attaching a pleading that sets out the claim or defense involved — the same procedure applies even when a statute is the source of the right to intervene. Rule 24.04 requires notice to the attorney general whenever the validity of a Tennessee statute, rule, or regulation is drawn into question in a case where the state itself is not already a party, specifying the particular statute, rule, or regulation at issue; skipping that notice has repeatedly been treated as forfeiting a constitutional challenge raised too informally or too late. Rule 24.05 makes any order granting or denying a motion to intervene a final judgment for purposes of an appeal, a provision added in 2018 that lets a decision on intervention be appealed immediately rather than waiting until the underlying case concludes.
Frequently Asked Questions
What makes intervention mandatory rather than merely permitted?
Rule 24.01 makes intervention a matter of right when a statute confers an unconditional right to intervene, when all parties stipulate to it, or when the movant's interest in the property or transaction at issue could practically be impaired by the case's outcome and no existing party adequately represents that interest.
Can a court deny intervention even if the requirements are technically met?
For permissive intervention under Rule 24.02, yes — the court retains discretion and weighs whether allowing intervention will unduly delay or prejudice the rights of the original parties. Intervention of right under Rule 24.01 leaves the court less room to deny a properly supported motion.
Can a party immediately appeal an order denying intervention?
Yes. Rule 24.05 makes any order granting or denying a motion to intervene a final judgment for purposes of appeal, letting the movant challenge a denial right away instead of waiting for the underlying case to conclude.
Source & verification. The rule text and Advisory Commission Comments are reproduced verbatim from the
official Tennessee Rules of Civil Procedure (Tenn. R. Civ. P. 24). Prescribed by the Supreme Court of Tennessee (Tenn. Code Ann. §§ 16-3-402 to 16-3-407, 16-3-601). The plain-English summary is original and written by us. Last verified July 2, 2026. ·
Official source
Also known as: intervention as of rightpermissive interventionattorney general noticeappeal of intervention order
Advisory Commission Comments.
24.01: By statute, persons not made parties to a suit, but who have an interest in the matter at issue, can intervene in the suit as a matter of right in a number of situations (e.g., person interested in property which is subject of a suit to recover property (Tenn. Code Ann. § 20-1-115); person interested in property which is subject of eminent domain proceeding (Tenn. Code Ann. § 29-17-610). Rule 24.01 preserves all statutory rights of intervention, and adds the grounds set out in clauses (2) and (3) of the Rule.
24.02: Rule 24.02 preserves all statutory conditional rights of intervention and adds the right to intervene when the applicant's claim or defense and the main action have a common question of law or fact. Original parties are protected against undue delay or prejudice by empowering the court to deny intervention where necessary to protect these parties.
24.03: Rule 24.03 establishes a uniform procedure for intervention in all cases. If any prior statute specifies a different procedure, the provisions of the Rule will prevail.
24.04: When a declaratory judgment is sought to declare a statute, ordinance, or franchise of statewide effect unconstitutional, it is necessary to serve the Attorney General with a copy of the proceeding and to afford him or her a chance to be heard (Tenn. Code Ann. § 29-14-107(b)). The object of the statute is to protect the public's interest in the result of the suit [ Cummins v. Shipp, 156 Tenn. 595, 38 S.W.2d 1062 (1928)]. Rule 24.04 extends this protection to actions of any type. If the Attorney General feels that the State's interest so requires, he or she will be in a position to intervene or take other appropriate action.
Advisory Commission Comment [2018]: The 2018 amendment adds subsection 24.05, which, in conjunction with the changes to Rule 54, Tennessee Rules of Civil Procedure, and Rules 3 and 4, Tennessee Rules of Appellate Procedure, provides for appeal as of right from a trial court's order granting or denying a motion to intervene. Effectively, July 1, 2018, any order granting or denying a motion to intervene shall be a final judgment, and a timely appeal of that final judgment shall be the only method to appeal the grant or denial of a motion to intervene. The 2018 amendment also makes terminological updates, substituting the term "motion" for the prior term "application" and the term "movant" for "applicant" throughout the rule (for consistency with Tennessee Civil Procedure Rule 7 terminology).