§ 10-11. Impleading of Third Party by Defendant in Civil Action

§ 10-11. Impleading of Third Party by Defendant in Civil Action

 

(a)A defendant in any civil action may move the court for permission as a third party plaintiff to serve a writ, summons and complaint upon a person not a party to the action who is or may be liable to such defendant for all or part of the plaintiff's claim against him or her. Such a motion may be filed at any time before trial and such permission may be granted by the judicial authority if, in its discretion, it deems that the granting of the motion will not unduly delay the trial of the action or work an injustice upon the plaintiff or the party sought to be impleaded. The writ, summons and complaint so served shall be equivalent in all respects to an original writ, summons and complaint, and the person upon whom it is served, hereinafter called the third party defendant, shall have available to him or her all remedies available to an original defendant, including the right to assert setoffs or counterclaims against the third party plaintiff, and shall be entitled to file cross complaints against any other third party defendant. The third party defendant may also assert against the plaintiff any defenses which the third party plaintiff has to the plaintiff's claim and may assert any claim against the plaintiff arising out of the transaction or occurrence which is the subject matter of the plaintiff's claim against the third party plaintiff.

 

(b)The plaintiff, within twenty days after the third party defendant appears in the action, may assert any claim against the third party defendant arising out of the transaction or occurrence which is the subject matter of the original complaint, and the third party defendant, as against such claim, shall have available to him or her all remedies available to an original defendant, including the right to assert setoffs or counterclaims against the plaintiff.

 

(c)A third party defendant may proceed under this section against any person not a party to the action who is or may be liable to such defendant for all or any part of the third party plaintiff's claim against him or her.

 

(d)When a counterclaim is asserted against a plaintiff, the plaintiff may cause a third party to be brought in under circumstances which under this section would entitle a defendant to do so.

 

(e)When any civil action in which such a third party has been brought in is reached for trial, the judicial authority hearing the case may order separate trials of different parts of the action and may make such other order respecting the trial of the action as will do justice to the parties and expedite final disposition of the case.