(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.Amended September 25, 2023, effective 9/25/2023.Comment
In 2023, Rule 24 was revised to align its language in certain respects with Federal Rule of Civil Procedure 24 so that authorities interpreting the federal rule could be cited more easily as persuasive authority for the interpretation of Rule 24.
Except as noted, no substantive change in the interpretation of the rule was intended, and prior Delaware authorities interpreting the rule remain applicable.
The revision includes language contemplating intervention by a government officer or agency in certain enumerated circumstances.
The revision changes the pleading requirement for movants seeking to intervene.