TO: Joint Procedure Committee
FROM: Mike Hagburg
RE: Rule 14, N.D.R.Civ.P., Third-Party Practice
Staff has prepared amendments to Rule 14 consistent with the federal form and style amendments. The amendments are intended make the rule more easily understood and to make style and terminology consistent throughout the rules. The amendments also aim to modernize the rule, removing references to obsolete authority and practices.
While the federal amendments generally subtract rather than add language, the revision adds separate references to Rule 13(a) on compulsory counterclaims and Rule 13(b) on permissive counterclaims for the sake of clarity.
The Committee may wish to discuss whether subdivision (c), which requires service of the third party summons and complaint to all parties, should be retained given that Rules 4 and 5 already require that process and papers be served.