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DE · rules

Del. Super. Ct. Civ. R. 24

Intervention

activein force · 1991-01-01 – 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 matter 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. When a party to an action relies for ground

of claim or defense upon any statute or executive order administered by a state governmental officer or

agency or upon any regulation, order, requirement, or agreement issued or made pursuant to the statute or

executive order, the officer or agency upon timely application may be permitted to intervene in the action.

In exercising its discretion, the Court shall consider whether the intervention will unduly delay or

prejudice the adjudication of the rights of existing 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.

History

Amended, effective Jan. 1, 1965; Jan. 1, 1967; Jan. 1, 1991.

Provenance

Source
courts.delaware.gov
Retrieved
2026-09-23
Edition
2026-09-23
Content hash
813b482ef00879647d42d412a967fc28445b03095f918e5ac0daeb28fa573ebb
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Del. Super. Ct. Civ. R. 24 — Intervention · binding.law