(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 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.
Rule 24.Intervention
Group IV: Parties · Not amended since adoption on record · Last verified July 14, 2026
In one sentenceRule 24 lets someone who is not yet a party join a pending lawsuit, either as of right when a statute or a protectable interest entitles them to intervene, or with the court's permission in its discretion.
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.
(d) Intervention by the State. When the constitutionality of an act of the legislature affecting the public interest is drawn in question in any action to which the State of Vermont or an officer, agency, or employee thereof is not a party, the court shall notify the Attorney General, and shall permit the State of Vermont to intervene for presentation of evidence, if evidence is otherwise admissible in the case, and for argument on the question of constitutionality.
Notes
Reporter’s Notes: This rule is substantially identical to Federal Rule 24, with minor modifications taken from Maine Rule 24. The rule, in providing both intervention as of right when the intervenor’s interest may be impaired and permissive intervention in the court’s discretion when the intervenor’s claim and the action have a common question, is in accord with prior Vermont practice. See In re Callahan Estate, 114 Vt. 252, 44 A.2d 162 (1945); March v. Beckman, 98 Vt. 293, 127 A. 296 (1925). A form of Motion to Intervene is included as Official Form 23 in the Appendix of Forms. Rule 24(a) provides for intervention as of right both when accorded by statute and when the nature of the intervenor’s interest demands it. An example of a statute which allows intervention as of right is 12 V.S.A. § 5188 (part-owner not named in petition for partition). Rule 24(b) provides for intervention in the court’s discretion either under a statute or when the intervenor presents common questions of law or fact. A number of statutes give a conditional right to intervene. See, e.g., 12 V.S.A. § 3133 (claimant of goods attached on trustee process may be admitted to assert title); 12 V.S.A. § 3331 (subsequent attaching creditor may appear to defend). Rules 24(c) and (d) are based on Federal Rule 24(c). That provision has been divided into two subdivisions in order to emphasize the state’s right to intervene. A similar right now exists in declaratory judgment proceedings under 12 V.S.A. § 4721.
Plain-English Summary
Sometimes a person outside a lawsuit has a stake in its outcome large enough that watching from the sidelines is not good enough. Rule 24 gives that person a path in. Intervention of right, under subdivision (a), applies when a statute grants an unconditional right to join, or when the applicant's interest in the property or transaction at issue could be practically impaired by the case's outcome and no existing party adequately represents that interest.
Permissive intervention, under subdivision (b), is left to the court's discretion. It covers cases where a statute grants a conditional right to intervene, or where the applicant's claim or defense shares a question of law or fact with the main action. The rule also lets a government officer or agency step in when a party's claim or defense rests on a statute, executive order, or regulation that officer or agency administers. Whatever the basis, the court weighs whether letting the newcomer in will unduly delay the case or hurt the original parties.
To intervene, a person serves a motion stating the grounds for intervention, along with a pleading laying out the claim or defense being asserted. Subdivision (d) carves out a special rule for the State of Vermont: when a case not involving the State draws the constitutionality of a legislative act into question, the court must notify the Attorney General and let the State intervene to present evidence and argue the constitutional question.
Frequently Asked Questions
What are the two grounds for intervention as of right?
A person may intervene as of right when a statute confers an unconditional right to intervene, or when the applicant has an interest in the property or transaction at issue that the action's disposition may practically impair, unless an existing party already adequately represents that interest.
When may a court permit intervention even though it is not required to?
The court may permit intervention when a statute confers a conditional right to intervene, or when the applicant's claim or defense shares a question of law or fact with the main action, and the court considers whether intervention will unduly delay or prejudice the original parties' case.
How does someone go about intervening in a pending case?
The person serves a motion to intervene on the parties under Rule 5, stating the grounds for intervention, along with a pleading that sets out the claim or defense for which intervention is sought.
When must the court notify the Attorney General under Rule 24?
When a case to which the State of Vermont is not a party draws the constitutionality of a legislative act affecting the public interest into question, the court must notify the Attorney General and permit the State to intervene to present evidence and argue the constitutionality question.
Can a government agency intervene when a case involves a rule or statute it administers?
Yes. When a party relies on a statute, executive order, or agency regulation for a claim or defense, the administering officer or agency may be permitted to intervene on timely application.
Source & verification. Rule text, official Reporter's Notes, and
amendment history are reproduced verbatim from the Vermont Rules of Civil Procedure,
adopted by the Vermont Supreme Court. Last verified July 14, 2026.
· Official source
Also known as: intervention of rightpermissive interventionVRCP 24joining a pending lawsuitstate intervention