FRCP Rule 14
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: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. | :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.''' | :'''(2) Third-Party Defendant's Claims and Defenses.''' | ||
- | :The person served with the summons and third-party complaint — the “third-party defendant” | + | :The person served with the summons and third-party complaint — the “third-party defendant” |
- | :(A) must assert any defense against the thirdparty plaintiff's claim under Rule 12; | + | :(A) must assert any defense against the thirdparty plaintiff's claim under [[FRCP_Rule_12|Rule 12]]; |
- | :(B) must assert any counterclaim against the third-party plaintiff under Rule 13(a), 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); | + | :(B) must assert any counterclaim against the third-party plaintiff under [[FRCP_Rule_13#.28a.29_Compulsory_Counterclaim.|Rule 13(a)]], and may assert any counterclaim against the third-party plaintiff under [[FRCP_Rule_13#.28b.29_Permissive_Counterclaims.|Rule 13(b)]] or any crossclaim against another third-party defendant under [[FRCP_Rule_13#.28g.29_Crossclaim_Against_a_Coparty.|Rule 13(g)]]; |
:(C) may assert against the plaintiff any defense that the third-party plaintiff has to the plaintiff's claim; and | :(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. | :(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. ''' | :'''(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). | + | :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 [[FRCP_Rule_12|Rule 12]] and any counterclaim under [[FRCP_Rule_13#.28a.29_Compulsory_Counterclaim.|Rule 13(a)]], and may assert any counterclaim under [[FRCP_Rule_13#.28b.29_Permissive_Counterclaims.|Rule 13(b)]] or any crossclaim under [[FRCP_Rule_13#.28g.29_Crossclaim_Against_a_Coparty.|Rule 13(g)]]. |
- | :'''(4) Motion to Strike, Sever, or Try Separately. ''' | + | : '''(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. | :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. ''' | :'''(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. | :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. ''' | :'''(6) Third-Party Complaint In Rem. ''' | ||
- | :If it is within the admiralty or maritime jurisdiction, a thirdparty 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. | + | :If it is within the admiralty or maritime jurisdiction, a thirdparty 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 [[FRCP_Supplemental_Rule_C#.286.29_Responsive_Pleading.3B_Interrogatories.|Supplemental Rule C(6)(a)(i)]] in the property arrested. |
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==(b) When a Plaintiff May Bring in a Third Party.== | ==(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. | :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.== | ==(c) Admiralty or Maritime Claim.== | ||
:'''(1) Scope of Impleader. ''' | :'''(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 thirdparty 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. | + | :If a plaintiff asserts an admiralty or maritime claim under [[FRCP_Rule_9#.28h.29_Admiralty_or_Maritime_Claim.|Rule 9(h)]], the defendant or a person who asserts a right under [[FRCP_Supplemental_Rule_C#.286.29_Responsive_Pleading.3B_Interrogatories.|Supplemental Rule C(6)(a)(i)]] may, as a thirdparty 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. ''' | :'''(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. | + | :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 [[FRCP_Rule_12|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. |
- | + | ||
[[Category: Federal Rules of Civil Procedure]] | [[Category: Federal Rules of Civil Procedure]] |
Latest revision as of 21:47, 20 October 2010
Below is Rule 14 of the Federal Rules of Civil Procedure. Rule 14 deals with Third-Party Practice, and is indexed under Chapter III, dealing with Pleadings and Motions.
(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 thirdparty plaintiff's claim under Rule 12;
- (B) must assert any counterclaim against the third-party plaintiff under Rule 13(a), 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 thirdparty 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 thirdparty 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.