DE · rules
Del. Ct. Com. Pl. Civ. R. 24
Intervention
(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 an 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.
(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. 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.
(c) Procedure. A person desiring to intervene shall 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.
Provenance
- Source
- courts.delaware.gov
- Retrieved
- 2026-09-23
- Edition
- 2026-09-23
- Content hash
00cb959d86aa9515454fe8a1c85ab08dd67d28b36a1d058901a74f118ae6f226
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