N.D.R.Civ.P.
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 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 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.
EXPLANATORY NOTE
Rule 14 was amended, effective March 1, 1990; March 1, 2011.
Rule 14 is based on Fed.R.Civ.P. 14.
Rule 14 was amended, effective March 1, 2011, 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 March 1, 2011, 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,
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.