– Table of Contents –

Rule 14 – Third-party practice

(through July 14, 2022)

(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. But the third-party plaintiff must, by motion, obtain the court’s leave if it files the third-party complaint more than 14 days after serving its original answer. (2) Third-Party Defendant’s Claims and Defenses. The person served with the summons and third-party complaint—the “third-party defendant”: (A) must assert any defense against the third-party plaintiff’s claim under Rule 12; (B) must assert any counterclaim against the third-party plaintiff under Rule 13a, and may assert any counterclaim against the third-party plaintiff under Rule 13(b) or any crossclaim against another third-party defendant under Rule 13(g); (C) may assert against the plaintiff any defense that the third-party plaintiff has to the plaintiff’s claim; and (D) may also assert against the plaintiff any claim arising out of the transaction or occurrence that is the subject matter of the plaintiff’s claim against the third-party plaintiff. (3) Plaintiff’s Claims Against a Third-Party Defendant. 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’s 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), and may assert any counterclaim under Rule 13(b) or any crossclaim under Rule 13(g). (4) Motion to Strike, Sever, or Try Separately. Any party may move to strike the third-party claim, to sever it, or to try it separately. (5) Third-Party Defendant’s Claim Against a Nonparty. 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. (6) Third-Party Complaint In Rem. 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 “summons” 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) in the property arrested.

(b) When a Plaintiff May Bring in a Third Party. 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.

(c) Admiralty or Maritime Claim. (1) Scope of Impleader. If a plaintiff asserts an admiralty or maritime claim under Rule 9(h), the defendant or a person who asserts a right under Supplemental Rule C(6)(a)(i) may, as a third-party plaintiff, bring in a third-party defendant who may be wholly or partly liable—either to the plaintiff or to the third-party plaintiff— for remedy over, contribution, or otherwise on account of the same transaction, occurrence, or series of transactions or occurrences. (2) Defending Against a Demand for Judgment for the Plaintiff. The third-party plaintiff may demand judgment in the plaintiff’s favor against the third-party defendant. In that event, the third-party defendant must defend under Rule 12 against the plaintiff’s claim as well as the third-party plaintiff’s claim; and the action proceeds as if the plaintiff had sued both the third-party defendant and the third-party plaintiff.

Selected Committee Notes 

The language of Rule 14 has been amended as part of the general restyling of the Civil Rules to make them more easily understood and to make style and terminology consistent throughout the rules. These changes are intended to be stylistic only.

Former Rule 14 twice refers to counterclaims under Rule 13. In each case, the operation of Rule 13(a) depends on the state of the action at the time the pleading is filed. If plaintiff and third-party defendant have become opposing parties because one has made a claim for relief against the other, Rule 13(a) requires assertion of any counterclaim that grows out of the transaction or occurrence that is the subject matter of that claim. Rules 14(a)(2)(B) and (a)(3) reflect the distinction between compulsory and permissive counterclaims.

A plaintiff should be on equal footing with the defendant in making third-party claims, whether the claim against the plaintiff is asserted as a counterclaim or as another form of claim. The limit imposed by the former reference to “counterclaim” is deleted.

five-star audio outlines

“Great product, only used it for my torts class so far, but I got a better grade in that class than any other! Will definitely use it for everything else going forward.”

Sheldon Bartholomew

– Table of Contents –

Key Civ Pro Laws (MBE/MEE)

Constitutional Provisions

U.S. Code

FRCP

  • Rule 3 – Commencing an action
  • Rule 4 – Summons
  • Rule 6 – Computing and extending time
  • Rule 7 – Pleadings allowed
  • Rule 8 – General pleading rules
  • Rule 9 – Pleading special matters
  • Rule 10 – Form of pleadings
  • Rule 11 – Signing pleadings, motions, and other papers
  • Rule 12 – Defenses and objections
  • Rule 13 – Counterclaim and crossclaim
  • Rule 14 – Third-party practice
  • Rule 15 – Amended and supplemental pleadings
  • Rule 16 – Pretrial conferences, scheduling, management
  • Rule 19 – Required joinder of parties
  • Rule 20 – Permissive joinder of parties
  • Rule 22 – Interpleader
  • Rule 23 – Class actions
  • Rule 24 – Intervention
  • Rule 25 – Substitution
  • Rule 26 – Duty to disclose
  • Rule 30 – Depositions by oral examination
  • Rule 31 – Depositions by written questions
  • Rule 33 – Interrogatories
  • Rule 34 – Producing documents, electronically stored information, and tangible things
  • Rule 35 – Physical and mental examinations
  • Rule 36 – Requests for admission
  • Rule 37 – Failure to make disclosures or to cooperate in discovery
  • Rule 38 – Right to a jury trial
  • Rule 41 – Dismissal of actions
  • Rule 42 – Consolidation; separate trials
  • Rule 45 – Subpoena
  • Rule 47 – Selecting jurors
  • Rule 48 – Number of jurors; verdict; polling
  • Rule 49 – Special verdict; general verdict and questions
  • Rule 50 – Judgment as a matter of law in a jury trial
  • Rule 51 – Instructions to the jury; objections; preserving a claim of error
  • Rule 52 – Findings and conclusions by the court; judgment on partial findings
  • Rule 54 – Judgment, costs
  • Rule 55 – Default
  • Rule 56 – Summary judgment
  • Rule 59 – New trial; altering or amending a judgment
  • Rule 60 – Relief from a judgment or order
  • Rule 65 – Injunctions and restraining orders

FRAP