Grounds for the Denial of a Third- (Fourth-, etc.) Party Complaint

Question 1

The third- (fourth- etc.) party complaint shall be denied admission, and the court shall require the defendant to institute a separate action where:

Answer 1

(A) The third- (fourth-, etc.) party defendant cannot be located within thirty (30) calendar days from the grant of such leave;

(B) Matters extraneous to the issue in the principal case are raised; or

(C) The effect would be to introduce new and separate controversy into the [original] action.

LEGAL BASIS: Sec. 11, Rule 6, Rules of Court