FEDERAL RULES OF CIVIL PROCEDURE
Articles III-Rule 14

FEDERAL RULES OF CIVIL PROCEDURE

ARTICLE III-PLEADINGS AND MOTIONS

Rule 14. Third-Party Practice

(a) When Defendant May Bring in Third Party.

At any time after commencement of the 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 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. The third-party complaint, if within the admiralty and maritime
jurisdiction, may be in rem against a vessel, cargo, or other property subject
to admiralty or maritime process in rem, in which case references in this rule
to the summons include the warrant of arrest, and references to the
third-party plaintiff or defendant include, where appropriate, a person who
asserts a right under Supplemental Rule C(6)(b)(i) in the property arrested.

(b) When Plaintiff May Bring in Third Party.

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

(c) Admiralty and Maritime Claims.

When a plaintiff asserts an admiralty or maritime claim within the meaning of
Rule 9(h) , the defendant or person who asserts a right under Supplemental
Rule C(6)(b)(i), as a third-party plaintiff, may bring in a third-party defendant
who may be wholly or partly liable, either to the plaintiff or to the third-party
plaintiff, by way of remedy over, contribution, or otherwise on account of the
same transaction, occurrence, or series of transactions or occurrences. In such
a case the third-party plaintiff may also demand judgment against the
third-party defendant in favor of the plaintiff, in which event the third-party
defendant shall make any defenses to the claim of the plaintiff as well as to
that of the third-party plaintiff in the manner provided in Rule 12 and the
action shall proceed as if the plaintiff had commenced it against the third-party
defendant as well as the third-party plaintiff.

 

Federal Rules of Civil Procedure Articles III  Rule 13Third-Party Practice Notes

Federal Rules of Civil Procedure Articles II Rule 4. Summons-LII
Notes: Rule 1. Scope and Purpose of Rules
Federal Civil Procedure-Volume-56-Table of Contents   
Articles III PLEADINGS AND MOTIONS-Table of Contents-Links To LII  
Federal Rules of Civil Procedure Articles III: Rule 13. Counterclaim and Cross-Claim
 

Federal Rules of Civil Procedure Articles III  Rule 12. Defenses and Objections--When and How Presented--By Pleading or Motion--Motion for Judgment on the Pleadings
Federal Rules of Civil Procedure Articles III  Rule 13. Counterclaim and Cross-Claim
Federal Rules of Civil Procedure Articles III  Rule 13Third-Party Practice Notes