DE · rules
Del. Ch. Ct. R. 24
Intervention
(a) Intervention of Right. On timely motion, the Court
must permit anyone to intervene who:
(1) is given an unconditional right to intervene by a
state 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.
(b) Permissive Intervention.
(1) In General. On timely motion, the court may
permit anyone to intervene who:
(A) Is given a conditional right to intervene by a
state 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 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 must 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 must be served on the parties as provided in
Rule 5. The motion must state the grounds for
intervention. A motion to intervene must:
(1) be accompanied by a pleading that sets out the
claim or defense for which intervention is sought; or
(2) state the reasons why a pleading should not be
required.
History
Amended, effective Sept. 25, 2023.
Provenance
- Source
- courts.delaware.gov
- Retrieved
- 2026-09-23
- Edition
- 2026-09-23
- Content hash
edbda4755ff33599f916c490025978ef6e3273a55eff2ae64f4ea53e7efa8a85
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