{"id":4199,"date":"2017-08-08T23:36:39","date_gmt":"2017-08-08T23:36:39","guid":{"rendered":"https:\/\/reunitethestates.org\/?page_id=4199"},"modified":"2017-08-16T02:26:12","modified_gmt":"2017-08-16T02:26:12","slug":"rule-14-third-party-practice","status":"publish","type":"page","link":"https:\/\/reunitethestates.org\/?page_id=4199","title":{"rendered":"Rule 14 \u2013 Third-Party Practice"},"content":{"rendered":"

(a) When a Defending Party May Bring in a Third Party.<\/span><\/strong><\/span><\/p>\n

(1) Timing of the Summons and Complaint.<\/span> <\/span><\/strong>A defending party may, as third-party plaintiff, serve a summons and complaint on a nonparty who is or may be liable to it for all or part of the claim against it. \u00a0But the third-party plaintiff must, by motion, obtain the court\u2019s leave if it files the third-party complaint more than 14 days after serving its original answer.<\/span><\/span><\/p>\n

(2) Third-Party Defendant\u2019s Claims and Defenses.<\/span> <\/span><\/strong>The person served with the summons and third-party complaint\u2014the \u201cthird-party defendant\u201d:<\/span><\/span><\/p>\n

(A) must assert any defense against the third-party plaintiff\u2019s claim under Rule 12<\/a>;<\/span><\/strong><\/span><\/p>\n

(B) must assert any counterclaim against the third-party plaintiff under Rule 13a<\/a>, and may assert any counterclaim against the third-party plaintiff under Rule 13(b)<\/a> or any crossclaim against another third-party defendant under Rule 13(g)<\/a>;<\/span><\/strong><\/span><\/p>\n

(C) may assert against the plaintiff any defense that the third-party plaintiff has to the plaintiff\u2019s claim; and<\/span><\/strong><\/span><\/p>\n

(D) may also assert against the plaintiff any claim arising out of the transaction or occurrence that is the subject matter of the plaintiff\u2019s claim against the third-party plaintiff.<\/span><\/strong><\/span><\/p>\n

(3) Plaintiff\u2019s Claims Against a Third-Party Defendant.<\/span> The plaintiff may assert against the third-party defendant any claim arising out of the transaction or occurrence that is the subject matter of the plaintiff\u2019s claim against the third-party plaintiff. The third-party defendant must then assert any defense under Rule 12 and any counterclaim under Rule 13(a)<\/a>, and may assert any counterclaim under Rule 13(b)<\/a>or any crossclaim under Rule 13(g)<\/a>.<\/span><\/strong><\/span><\/p>\n

(4) Motion to Strike, Sever, or Try Separately. <\/span>Any party may move to strike the third-party claim, to sever it, or to try it separately.<\/span><\/strong><\/span><\/p>\n

(5) Third-Party Defendant\u2019s Claim Against a Nonparty.<\/span> A third-party defendant may proceed under this rule against a nonparty who is or may be liable to the third-party defendant for all or part of any claim against it.<\/span><\/strong><\/span><\/p>\n

(6) Third-Party Complaint In Rem.<\/span> If it is within the admiralty or maritime jurisdiction, a third-party complaint may be in rem. In that event, a reference in this rule to the \u201csummons\u201d includes the warrant of arrest, and a reference to the defendant or third-party plaintiff includes, when appropriate, a person who asserts a right under Supplemental Rule C(6)(a)(i)<\/a> in the property arrested.<\/span><\/strong><\/span><\/p>\n

(b) When a Plaintiff May Bring in a Third Party. <\/span><\/strong>When a claim is asserted against a plaintiff, the plaintiff may bring in a third party if this rule would allow a defendant to do so.<\/span><\/span><\/p>\n

(c) Admiralty or Maritime Claim<\/a>.<\/span><\/strong><\/span><\/p>\n

(1) Scope of Impleader.<\/span> If a plaintiff asserts an admiralty or maritime<\/a> claim under Rule 9(h)<\/a>, the defendant or a person who asserts a right under Supplemental Rule C(6)(a)(i)<\/a> may, as a third-party plaintiff, bring in a third-party defendant who may be wholly or partly liable\u2014either to the plaintiff or to the third-party plaintiff\u2014 for remedy over, contribution, or otherwise on account of the same transaction, occurrence, or series of transactions or occurrences.<\/span><\/strong><\/span><\/p>\n

(2) Defending Against a Demand for Judgment for the Plaintiff. <\/span>The third-party plaintiff may demand judgment in the plaintiff\u2019s favor against the third-party defendant. In that event, the third-party defendant must defend under Rule 12<\/a> against the plaintiff\u2019s claim as well as the third-party plaintiff\u2019s claim; and the action proceeds as if the plaintiff had sued both the third-party defendant and the third-party plaintiff.<\/span><\/strong><\/span><\/p>\n","protected":false},"excerpt":{"rendered":"

(a) When a Defending Party May Bring in a Third Party. (1) Timing of the Summons and Complaint. A defending party may, as third-party plaintiff, serve a summons and complaint on a nonparty who is or may be liable to it for all or part of the claim against it. \u00a0But the third-party plaintiff must, … Continue reading Rule 14 \u2013 Third-Party Practice<\/span> →<\/span><\/a><\/p>\n","protected":false},"author":1,"featured_media":0,"parent":4958,"menu_order":1,"comment_status":"closed","ping_status":"closed","template":"","meta":{"footnotes":""},"class_list":["post-4199","page","type-page","status-publish","hentry"],"_links":{"self":[{"href":"https:\/\/reunitethestates.org\/index.php?rest_route=\/wp\/v2\/pages\/4199","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/reunitethestates.org\/index.php?rest_route=\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/reunitethestates.org\/index.php?rest_route=\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/reunitethestates.org\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/reunitethestates.org\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=4199"}],"version-history":[{"count":3,"href":"https:\/\/reunitethestates.org\/index.php?rest_route=\/wp\/v2\/pages\/4199\/revisions"}],"predecessor-version":[{"id":5226,"href":"https:\/\/reunitethestates.org\/index.php?rest_route=\/wp\/v2\/pages\/4199\/revisions\/5226"}],"up":[{"embeddable":true,"href":"https:\/\/reunitethestates.org\/index.php?rest_route=\/wp\/v2\/pages\/4958"}],"wp:attachment":[{"href":"https:\/\/reunitethestates.org\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=4199"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}