RULE 14. THIRD-PARTY PRACTICE

Effective Date: 3/1/1990

Obsolete Date: 3/1/1997

(a) When Defendant May Bring in Third Party. At any time after commencement of an action, a defending party, as a third-party plaintiff, may cause a summons and complaint to be served upon a person not a party to the action who is or may be liable to the third-party plaintiff for all or part of the plaintiff's claim against the third-party plaintiff. The third-party plaintiff need not obtain leave to make the service if the third-party plaintiff files the third-party complaint not later than 10 days after serving the original answer. Otherwise, the third-party plaintiff must obtain leave on motion upon notice to all parties to the action. The person served with the summons and third-party complaint, hereinafter called the third-party defendant, shall make any defenses to the third-party plaintiff's claim as provided in Rule 12 and any counterclaims against the third-party plaintiff and cross-claims against the other third-party defendants as provided in Rule 13. The third-party defendant may assert against the plaintiff any defenses which the third-party plaintiff has to the plaintiff's claim. The third-party defendant may also assert 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. The plaintiff may assert 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 third-party defendant thereupon shall assert any defenses as provided in Rule 12 and any counterclaims and cross-claims as provided in Rule 13. Any party may move to strike the third-party claim, or for its severance or separate trial. A third-party defendant may proceed under this rule against any person not a party to the action who is or may be liable to the third-party defendant for all or part of the claim made in the action against the third-party defendant.

(b) When Plaintiff May Bring in Third Party. If a counterclaim is asserted against a plaintiff, the plaintiff may cause a third party to be brought in under circumstances that would entitle a defendant to do so under this rule.

(c) Service. A copy of the third-party summons and complaint shall be served upon all parties or their attorneys.

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; Fed.R.Civ.P. 14.

CROSS-REFERENCE: 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), N.D.R.Civ.P. 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).

Effective Date Obsolete Date
03/01/2011 View
03/01/1997 03/01/2011 View
03/01/1990 03/01/1997 View