Frcp Rule 14(All)

Front 1

Name Rule 14.

Back 1

Rule 14. Third-Party Practice

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Name Rule 14(a)

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14(a) When a Defending Party May Bring in a Third Party.
(1) Timing of the Summons and Complaint.
(2) Third-Party Defendant’s Claims and Defenses.
(3) Plaintiff’s Claims Against a Third-Party Defendant.
(4) Motion to Strike, Sever, or Try Separately.
(5) Third-Party Defendant’s Claim Against a Nonparty.
(6) Third-Party Complaint In Rem.

Front 3

Rule 14(a)(1)

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(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.

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Rule 14(a)(2)

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(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), and may assert any counterclaim against the third-party plaintiff under Rule 13(b) 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.

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Rule 14(a)(3)

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(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).

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Rule 14(a)(4)

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(4) Motion to Strike, Sever, or Try Separately.
Any party may move to strike the third-party claim, to sever it, or to try it separately.

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Rule 14(a)(5)

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(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.

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Rule 14(a)(6)

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(6) Third-Party Complaint In Rem.
If it is within the admiralty or maritime jurisdiction, a third-party complaint may be in rem. In that event, a reference in this rule to the ‘‘summons’’ includes the warrant of arrest, and a reference to the defendant or third-party plaintiff includes, when appropriate, a person who asserts a right under Supplemental Rule C(6)(a)(i) in the property arrested.

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Name Rule 14(b)

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When a Plaintiff May Bring in a Third Party.
When a claim is asserted against a plaintiff, the plaintiff may bring in a third party if this rule would allow a defendant to do so.

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Name Rule 14(c)

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14(c) Admiralty or Maritime Claim.
(1) Scope of Impleader.
(2) Defending Against a Demand for Judgment for the Plaintiff.

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Rule 14(c)(1).

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(1) Scope of Impleader.
If a plaintiff asserts an admiralty or maritime claim under Rule 9(h), the defendant or a person who asserts a right under Supplemental Rule C(6)(a)(i) may, as a third-party plaintiff, bring in a third-party defendant who may be wholly or partly liable — either to the plaintiff or to the third-party plaintiff — for remedy over, contribution, or otherwise on account of the same transaction, occurrence, or series of transactions or occurrences.

Front 12

Rule 14(c)(2).

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(2) Defending Against a Demand for Judgment for the Plaintiff.
The third-party plaintiff may demand judgment in the plaintiff’s favor against the third-party defendant. In that event, the third-party defendant must defend under Rule 12 against the plaintiff’s claim as well as the third-party plaintiff’s claim; and the action proceeds as if the plaintiff had sued both the third-party defendant and the third-party plaintiff.