(a) When Defendant May Bring in Third Party. At any time after commencement of the action a defending party, as a thirdparty 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 thirdparty defendant arising out of the transaction or occurrence that is the subject matter of the plaintiff’s claim against the thirdparty 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)(a)(1) 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)(a)(1), 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 thirdparty 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 thirdparty plaintiff.
(As amended Dec. 27, 1946, eff. Mar. 19, 1948; Jan. 21, 1963, eff. July 1, 1963; Feb. 28, 1966, eff. July 1, 1966; Mar. 2, 1987, eff. Aug. 1, 1987; Apr. 17, 2000, eff. Dec. 1, 2000; Apr. 12, 2006, eff. Dec. 1, 2006.)
added in current removed in current
Compared to current version (2025).
(a) When a Defendanting Party May Bring in a Third Party. At any time after commencement of the action a
(1) Timing of the Summons and Complaint. A defending party, as may, as third-party plaintiff, may causserve a summons and complaint to be served upon a person not a party to the actionon a nonparty who is or may be liable to ithe 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 plaintiffit. But the third-party plaintiff must, by motion, obtain the court’s leave if it files the third-party complaint not latermore than 104 days after serving theits original answer. Otherwise the t
(2) Third-pParty plaintiff must obtain leave on motion upon notice to all parties to the actionDefendant’s Claims and Defenses. The person served with the summons and third-party complaint, hereinafter called -the ‘‘third-party defendant, shall make’’:
(A) must assert any defenses to against the third-party plaintiff’s claim as provided in Rule 12 andunder Rule 12;
(B) must assert any counterclaims against the third-party plaintiff and cross-under Rule 13(a), and may assert any counterclaims against other third-party defendants as provided in Rule 13. Tplaintiff under Rule 13(b) or any crossclaim against another third-party defendant under Rule 13(g);
(C) may assert against the plaintiff any defenses which that the third-party plaintiff has to the plaintiff’s claim. The third-party defendant; and
(D) may also assert any claim 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.
(3) Plaintiff’s Claims Against a Third-Party Defendant. The plaintiff may assert any claim 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, and t. The third-party defendant thereupon shallmust then assert any defenses as provided in under Rule 12 and any counterclaims under Rule 13(a), and may assert andy cross-claims as provided in Rule 13. Any party may move to strike the third-party claim, or for its severance or separate trialounterclaim under Rule 13(b) or any crossclaim under Rule 13(g).
(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.
(5) Third-Party Defendant’s Claim Against a Nonparty. A third-party defendant may proceed under this rule against any person not a party to the action nonparty who is or may be liable to the third-party defendant for all or part of theany claim made in the action against the third-party defendant. The tagainst it.
(6) Third-pParty cComplaint, if In Rem. If it is within the admiralty andor maritime jurisdiction, may be in rem against a vessel, cargo, or other property subject to admiralty or maritime process in rem, in which casea third-party complaint may be in rem. In that event, a references in this rule to the ‘‘summons’’ includes the warrant of arrest, and a references to the defendant or third-party plaintiff or defendant includes, wheren appropriate, a person who asserts a right under Supplemental Rule C(6)(a)(1i) in the property arrested.
(b) When a Plaintiff May Bring in a Third Party. When a counterclaim is asserted against a plaintiff, the plaintiff may causebring in a third party to be brought in under circumstances which underif this rule would entitleallow a defendant to do so.
(c) Admiralty andor Maritime Claims. When.
(1) Scope of Impleader. If a plaintiff asserts an admiralty or maritime claim within the meaning ofunder Rule 9(h), the defendant or a person who asserts a right under Supplemental Rule C(6)(a)(1)i) may, 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-for remedy over, contribution, or otherwise on account of the same transaction, occurrence, or series of transactions or occurrences. In such a case t
(2) Defending Against a Demand for Judgment for the Plaintiff. The third-party plaintiff may also demand judgment in the plaintiff’s favor against the third-party defendant in favor of the plaintiff, in which. In that event, the third-party defendant shall make any defenses to the claim ofmust defend under Rule 12 against the plaintiff’s claim as well as to that of the third-party plaintiff in the manner provided in Rule 12’s claim; and the action shall proceeds as if the plaintiff had commenced it againstsued both the third-party defendant as well asnd the third-party plaintiff.
(As amended Dec. 27, 1946, eff. Mar. 19, 1948; Jan. 21, 1963, eff. July 1, 1963; Feb. 28, 1966, eff. July 1, 1966; Mar. 2, 1987, eff. Aug. 1, 1987; Apr. 17, 2000, eff. Dec. 1, 2000; Apr. 12, 2006, eff. Dec. 1, 2006; Apr. 30, 2007, eff. Dec. 1, 2007; Mar. 26, 2009, eff. Dec. 1, 2009.)