Current through January 1, 2025 · Last verified July 8, 2026
In one sentenceRule 24 lets a nonparty join a pending case either as of right -- when a statute grants that right or an unprotected interest is at stake -- or with the court's permission when the nonparty's claim or defense shares a common question with the case, and requires notice to the West Virginia Attorney General whenever a state statute's constitutionality is challenged in a case the state isn't already part of.
On timely motion, the court shall permit anyone to intervene who:
(1)is given an unconditional right to intervene by a statute; or
(2)claims an interest relating to the property or transaction that is the subject of the action, and is so situated that disposing of the action may as a practical matter impair or impede the movant's ability to protect its interest, unless existing parties adequately represent that interest.
(1)In general. On timely motion, the court may permit anyone to intervene who:
(A)is given a conditional right to intervene by a statute; or
(B)has a claim or defense that shares with the main action a common question of law or fact.
(2)By a government officer or agency. On timely motion, the court may permit a federal or state governmental officer or agency to intervene if a party's claim or defense is based on:
(A)a statute or executive order administered by the officer or agency; or
(B)any regulation, order, requirement, or agreement issued or made under the statute or executive order.
(3)Delay or prejudice. In exercising its discretion, the court shall consider whether the intervention will unduly delay or prejudice the adjudication of the original parties' rights.
(c)Notice and pleading required. A motion to intervene shall be served on the parties as provided in Rule 5. The motion shall state the grounds for intervention and be accompanied by a pleading that sets out the claim or defense for which intervention is sought.
(d)Procedure. When the constitutionality of a statute of this State affecting the public interest is drawn in question in any action to which this State or an officer, agency, or employee thereof is not a party, the court shall give notice thereof to the attorney general of this State.
Amendment History
The current West Virginia Rules of Civil Procedure took effect January 1, 2025, as part of a rewrite that modernized the rules’ numbering and structure. West Virginia 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 January 1, 2025 update; for the underlying adopting order and any later amendments, see the West Virginia Judiciary’s compiled rules page.
Plain-English Summary
Sometimes someone who isn't a party has a real stake in how a case comes out. Rule 24 gives them a way in. Intervention "of right" applies when a statute grants an unconditional right to intervene, or when the nonparty claims an interest in the property or transaction at issue that existing parties won't adequately protect if the case proceeds without them — in either case, the court has to let them in.
Permissive intervention is the court's call. It can allow someone to intervene if a statute gives a conditional right to do so, or if the nonparty's claim or defense shares a common question of law or fact with the main action. Government officers and agencies get their own permissive path when a party's claim or defense rests on a statute, executive order, or related regulation the officer or agency administers. Either way, the court weighs whether letting the intervenor in will unduly delay the case or prejudice the original parties' rights.
Anyone seeking to intervene has to serve a motion on the existing parties, stating the grounds for intervention and attaching a pleading that lays out the claim or defense being asserted. And in a distinctly West Virginia procedural safeguard, if a case challenges the constitutionality of a state statute affecting the public interest and the State isn't already a party, the court has to notify the West Virginia Attorney General so the State has a chance to weigh in.
Frequently Asked Questions
What's the difference between intervention "of right" and permissive intervention?
Intervention of right means the court has to let the nonparty in — because a statute grants that right, or because the nonparty's interest won't be adequately protected without them. Permissive intervention is up to the court's discretion, typically because the nonparty's claim or defense shares a common question with the case.
Does the court have to let a government agency intervene?
No, that's also permissive — the court may allow a federal or state officer or agency to intervene when a party's claim or defense is based on a statute, executive order, or related regulation the agency administers.
What has to accompany a motion to intervene?
A pleading that sets out the claim or defense for which intervention is sought, along with the grounds for intervention stated in the motion itself.
When does the Attorney General have to be notified under Rule 24?
Whenever a case challenges the constitutionality of a West Virginia statute that affects the public interest, and the State (or one of its officers, agencies, or employees) isn't already a party.
Source & verification. The rule text is reproduced verbatim from the
official West Virginia Rules of Civil Procedure (W. Va. R. Civ. P. 24). Prescribed by the Supreme Court of Appeals of West Virginia (W. Va. Const. art. VIII, § 3). The plain-English summary is original and written by us. Last verified July 8, 2026. ·
Official source
Also known as:intervention of rightpermissive interventionattorney general noticejoining a lawsuit as a nonparty