Rule 14 — Third-Party Practice

Fed. R. Civ. P. 14

• Source: Federal Rules of Civil Procedure
• Rule: 14
• TITLE III: PLEADINGS AND MOTIONS
• Citation: Fed. R. Civ. P. 14

Text

(a) WHENADEFENDINGPARTYMAYBRINGINATHIRDPARTY.
(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 com-
plaint 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 13(a), and may assert any counter-
claim 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 aris-
ing 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 de-
fense 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 non-
party 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 admi-
ralty or maritime jurisdiction, a third-party complaint may
be in rem. In that event, a reference in this rule to the ‘‘sum-
mons’’ 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) ADMIRALTYORMARITIMECLAIM.
(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 plain-
tiff’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.

Advisory Committee Notes

(As amended Dec. 27, 1946, eff. Mar. 19, 1948; Jan. 21, 1963, eff. July 1, 1963; Feb. 28, 1966, eff. July 1, 1966; Mar. 2, 1987, eff. Aug. 1, 1987; Apr. 17, 2000, eff. Dec. 1, 2000; Apr. 12, 2006, eff. Dec. 1, 2006; Apr. 30, 2007, eff. Dec. 1, 2007; Mar. 26, 2009, eff. Dec. 1, 2009.)