§ Rule 14. Third-Party Practice

Rule 14. Third-Party Practice

(a) When Defendant May Bring in 3rd Party.At any time after commencement of the action a defending party, as a 3rd-party plaintiff, may cause a summons and complaint to be served, in the manner and within the time limits prescribed by Rule 4, upon a person not a party to the action who is or may be liable to the 3rd-party plaintiff for all or part of the plaintiff's claim against the 3rd-party plaintiff. The 3rd-party plaintiff need not obtain leave to make the service if the 3rd-party plaintiff files the 3rd-party complaint not later than 10 days after the serving of the original answer. Otherwise, the 3rd-party plaintiff must obtain leave on motion upon notice to all parties to the action. The person served with the summons and 3rd-party complaint, hereinafter called the 3rd-party defendant, shall make any defenses to the 3rd-party plaintiff's claim as provided in Rule 12 and any counterclaims against the 3rd-party plaintiff and cross-claims against other 3rd-party defendants as provided in Rule 13. The 3rd-party defendant may assert against the plaintiff any defenses which the 3rd-party plaintiff has to the plaintiff's claim. The 3rd-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 3rd-party plaintiff. The plaintiff may assert any claim against the 3rd-party defendant arising out of the transaction or occurrence that is the subject matter of the plaintiff's claim against the 3rd-party plaintiff, and the 3rd-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 3rd-party claim, or for its severance or separate trial. A 3rd-party defendant may proceed under this Rule against any person not a party to the action who is or may be liable to the 3rd-party defendant for all or part of the claim made in the action against the 3rd-party defendant. Persons brought into the action pursuant to the preceding sentence shall be designated as 4th-party defendants, 5th-party defendants, and so on, as appropriate, but the practice as to such parties shall be governed by the rules respecting 3rd-party defendants.

(b) When Plaintiff May Bring in 3rd Party.When a counterclaim is asserted against a plaintiff, the plaintiff may cause a 3rd party to be brought in under circumstances which under this rule would entitle a defendant to do so.