Rule 14 Flashcards
Rule 14
Third-Party Practice
Rule 14 (a)(1)
(a) When a Defending Party May Bring in a Third Party. (Non-party to the lawsuit)
(1) 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.
Rule 14 (a)(2)(A)(B)(C)(D)
(2) Third-Party Defendant’s Claims and Defenses. The person served with the summons and third-party complaint—the “third-party defendant”:
(A) must assert any defense against the third-party plaintiff’s claim under Rule 12;
(B) must assert any counterclaim against the third-party plaintiff under Rule 13(a) (compulsory), and may assert any counterclaim against the third-party plaintiff under Rule 13(b) (permissive) or any crossclaim against another third-party defendant under Rule 13(g);
(C) may assert against the plaintiff any defense that the third-party plaintiff has to the plaintiff’s claim; and
(D) 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.
Rule 14 (a)(3)
(3) 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).
Rule 14 (a)(5)
(5) Third-Party Defendant’s Claim Against a Nonparty. A THIRD-PARTY defendant MAY proceed under this rule AGAINST a NONPARTY who is or may be liable to the third-party defendant for all or part of any claim against it.
