Motion to Intervene

When the motion to intervene is used

Timing: on timely motion. Pleadings come first in a civil case. They tell the court and the other side what each party claims or denies.

What the rule requires

• Rule 24(a) covers intervention of right and Rule 24(b) permissive intervention; both require a timely motion.
• The motion must be served on the parties and be accompanied by a pleading that sets out the claim or defense for which intervention is sought (Rule 24(c)).

In practice, read each requirement closely. Then check whether your court adds anything of its own. For example, many courts set page limits, formatting rules or a duty to confer with the other side first.

You can read the full text of Fed. R. Civ. P. 24 online. Also, the federal judiciary publishes the current rules and recent amendments.

The motion to intervene in state court

State courts follow their own rules of procedure. Many states model their rules on the federal rules, so you will often find a similar motion to intervene procedure. However, the name, the deadline and the required form can differ. Therefore, look up the matching rule in your state’s rules of civil procedure. Also read your court’s local rules. Our state procedures guide links to each state’s official rules.

Key terms

In addition, these terms come up often with this procedure:

• Intervention: a procedure that lets a nonparty become a party to an existing lawsuit.

Related procedures

Similarly, these procedures often come up alongside it:

• Joinder of Parties (Required and Permissive): the rules for who must, and who may, join as parties in one lawsuit.

Before you rely on this page

First, read the current text of the rule. After that, check your court’s local rules and any standing order from the judge. In addition, look at recent decisions from your own court. They show how judges apply the rule in practice. For advice about your own case, speak with a licensed attorney, for example through our directory.