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DE · rules

Del. Ch. Ct. R. 24

Intervention

activein force · 2023-09-25 – presentact-effective-date

(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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Del. Ch. Ct. R. 24 — Intervention · binding.law