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DE · rules

Del. Fam. Ct. Civ. R. 24

Intervention

activein force · 2026-01-01 – presentact-effective-date

(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 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
0e9e30622b1ca96a82010842be983e938c2bda4b6fd6c0b1e2c5afea5e729315
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