(a) WHEN A DEFENDING PARTY MAY BRING IN A THIRD PARTY.
- Timing of the Summons and Complaint. A defending party may, as third-party plaintiff, serve a summons and complaint on a nonparty who is or may be liable to it for all or part of the claim against it. But the third-party plaintiff must, by motion, obtain the court’s leave if it files the third-party complaint more than 14 days after serving its original answer.
- Third-Party Defendant’s Claims and Defenses. The person served with the summons and third-party complaint — the “third-party defendant”:
- must assert any defense against the third-party plaintiff’s claim under Rule 12;
- must assert any counterclaim against the third-party plaintiff under Rule 13(a), and may assert any counterclaim against the third-party plaintiff under Rule 13(b) or any crossclaim against another third-party defendant under Rule 13(g);
- may assert against the plaintiff any defense that the third-party plaintiff has to the plaintiff’s claim; and
- may also assert against the plaintiff any claim arising out of the transaction or occurrence that is the subject matter of the plaintiff’s claim against the third-party plaintiff.
- Plaintiff’s Claims Against a Third-Party Defendant. The plaintiff may assert against the third-party defendant any claim arising out of the transaction or occurrence that is the subject matter of the plaintiff’s claim against the third-party plaintiff. The third-party defendant must then assert any defense under Rule 12 and any counterclaim under Rule 13(a), and may assert any counterclaim under Rule 13(b) or any crossclaim under Rule 13(g).
- Motion to Strike, Sever, or Try Separately. Any party may move to strike the third-party claim, to sever it, or to try it separately.
- Third-Party Defendant’s Claim Against a Nonparty. A third-party defendant may proceed under this rule against a non-party who is or may be liable to the third-party defendant for all or part of any claim against it.
- Third-Party Complaint In Rem. If it is within the admiralty or maritime jurisdiction, a third-party complaint may be in rem. In that event, a reference in this rule to the “summons” includes the warrant of arrest, and a reference to the defendant or third-party plaintiff includes, when appropriate, a person who asserts a right under Supplemental Rule C(6)(a)(i) in the property arrested.
(b) WHEN A PLAINTIFF MAY BRING IN A THIRD PARTY. When a claim is asserted against a plaintiff, the plaintiff may bring in a third party if this rule would allow a defendant to do so.
(c) ADMIRALTY OR MARITIME CLAIM.
- Scope of Impleader. If a plaintiff asserts an admiralty or maritime claim under Rule 9(h), the defendant or a person who asserts a right under Supplemental Rule C(6)(a)(i) may, as a third-party plaintiff, bring in a third-party defendant who may be wholly or partly liable — either to the plaintiff or to the third-party plaintiff — for remedy over, contribution, or otherwise on account of the same transaction, occurrence, or series of transactions or occurrences.
- Defending Against a Demand for Judgment for the Plaintiff. The third-party plaintiff may demand judgment in the plaintiff’s favor against the third-party defendant. In that event, the third-party defendant must defend under Rule 12 against the plaintiff’s claim as well as the third-party plaintiff’s claim; and the action proceeds as if the plaintiff had sued both the third-party defendant and the third-party plaintiff.
Amended | Effective |
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Mar. 26, 2009 | Dec. 1, 2009 |
Apr. 30, 2007 | Dec. 1, 2007 |
Apr. 12, 2006 | Dec. 1, 2006 |
Apr. 17, 2000 | Dec. 1, 2000 |
Mar. 2, 1987 | Aug. 1, 1987 |
Feb. 28, 1966 | July 1, 1966 |
Jan. 21, 1963 | July 1, 1963 |
Dec. 27, 1946 | Mar. 19, 1948 |