RULE 14. THIRD-PARTY PRACTICE
(a) When defendant a Defending Party May Bring in a Third Party.
(1) Timing of the Summons and Complaint. At any time after commencement of an action, a A defending party may, as a third-party plaintiff, may cause serve a summons and complaint to be served upon a person not a party to the action on a nonparty who is or may be liable to the third-party plaintiff it for all or part of the plaintiff's claim against the third-party plaintiff it. The But the third-party plaintiff need not obtain must, by motion, obtain the court’s leave to make the service if the third-party plaintiff if it files the third-party complaint not later more than ten 14 days after serving the its original answer. Otherwise, the third-party plaintiff must obtain leave on motion upon notice to all parties to the action.
(2) Third-Party Defendant’s Claims and Defenses. The person served with the summons and third-party complaint, hereinafter called – the “third-party defendant”, shall make:
(A) must assert any defenses to defense against the third-party plaintiff's claim as provided in under Rule 12;
(B) and must assert any counterclaims counterclaim against the third-party plaintiff and cross-claims under Rule 13(a), and may assert any counterclaim against other the third-party plaintiff under Rule 13(b) or any crossclaim against another third-party defendants as provided in defendant under Rule 13(g).;
(C) The third-party defendant may assert against the plaintiff any defenses which defense that the third-party plaintiff has to the plaintiff's claim .; and
(D) The third-party defendant may also assert against the plaintiff any claim against the plaintiff 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 against the third-party defendant arising out of the transaction or occurrence that is the subject matter of the plaintiff's claim against the third-party plaintiff, and the. The third-party defendant thereupon shall must then assert any defenses as provided in defense under Rule 12 and any counterclaims and cross-claims as provided in 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, or for its severance or separate trial sever, or try the third-party claim separately.
(5) Third-Party Defendant’s Claim Against a Nonparty. A third-party defendant may proceed under this rule against any person not a party to the action a nonparty who is or may be liable to the third-party defendant for all or part of the any claim made in the action against the third-party defendant it.
(b) When a Plaintiff May Bring in a Third Party. If When a counterclaim is asserted against a plaintiff, the plaintiff may cause bring in a third party to be brought in under circumstances that if this rule would entitle allow a defendant to do so under this rule.
(c) Service. A copy of the third-party summons and complaint shall must be served upon on all parties or their attorneys.
Rule 14 was amended, effective March 1, 1990;_______________.
Rule 14 is based on Fed.R.Civ.P. 14.
Rule 14 was amended, effective _______________, in response to the December 1, 2007, revision of the Federal Rules of Civil Procedure. The language and organization of the rule were changed to make the rule more easily understood and to make style and terminology consistent throughout the rules.
Paragraph (a)(1) was amended, effective _______________, to increase the time for a third-party plaintiff to obtain the court’s leave to file a third-party complaint after serving its original answer from 10 to 14 days.
Sources: Joint Procedure Committee Minutes of ________________; January 24, 2008, pages 19-20; April 20, 1989, page 2; December 3, 1987, page 11; September 20-21, 1979, page 10; Rule Fed.R.Civ.P. 14, FRCivP.
Cross Reference: Rules N.D.R.Civ.P. 4 (Persons Subject to Jurisdiction - Process - Service), N.D.R.Civ.P. 5 (Service and Filing of Pleadings and Other Papers), 8 (General Rules of Pleading), N.D.R.Civ.P. 12 (Defenses and Objections - When and How Presented - By Pleading or Motion - Motion for Judgment on Pleadings), and N.D.R.Civ.P. 13 (Counterclaim and Cross-Claim), N.D.R.Civ.P.