defendant a Defending Party May Bring in a
(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 The third-party plaintiff need not obtain
must, by motion, obtain the
court's leave to make the service if the third-party plaintiff files
the if it seeks to commence
a third-party complaint action not later
more than ten 14 days after serving the
answer. Otherwise, the third-party plaintiff must obtain leave on motion upon notice to
parties to the action.
(2) Third-Party Defendant's Claims and Defenses. The person served with the
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;
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
provided in defendant under Rule 13(g) .;
The third-party defendant may assert against the plaintiff any
defenses which defense
that the third-party plaintiff has to the plaintiff's claim .;
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
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
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
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.
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
(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 before a third-party plaintiff must obtain the court's leave if it seeks to commence a third-party action from 10 to 14 days.
Sources: Joint Procedure Committee Minutes of April 29-30, 2010, pages 10-11;
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 ,
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.