Fed. R. Civ. P. 14 — Third-Party Practice
Plain English
Rule 14 is “impleader” — how a defendant pulls a new party into the case by saying, in effect, “if I owe the plaintiff, then this third party owes me.” The classic example is indemnity or contribution: a contractor sued for a defect brings in the subcontractor who actually did the work. A defending party can implead a nonparty without permission within 14 days of serving its answer; after that, it needs the court’s leave. Once brought in, the third-party defendant can raise its own defenses, counterclaims, and crossclaims, and the plaintiff can assert related claims directly against it.
Key Cases & Authority
- Fed. R. Civ. P. 14(a)(1) — A defending party may implead a nonparty as of right within 14 days after serving its original answer; later impleader requires the court’s leave.
- Fed. R. Civ. P. 12 — A third-party defendant must assert its Rule 12 defenses to the third-party plaintiff’s claim.
- Fed. R. Civ. P. 13 — The third-party defendant’s counterclaims and crossclaims are governed by Rule 13, including the compulsory-counterclaim rule.
Florida Parallel
Florida’s parallel is Fla. R. Civ. P. 1.180 — Third-Party Practice.
About this rule walkthrough
Part of The Federal Rule Book, hosted by John M. Phillips — Board Certified Civil Trial Lawyer, Court TV analyst, admitted in 8 states + 9 federal districts + SCOTUS.
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Educational only — not legal advice.
Rule Text (verbatim from the Florida Supreme Court)
(a) When a Defending Party May Bring in a Third Party. (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.
(2) Third-Party Defendant’s Claims and Defenses. The person served — 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 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.
(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).
(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 a nonparty who is or may be liable to the third-party defendant for all or part of any claim against it.
(6) Third-Party Complaint In Rem. If it is within the admiralty or maritime jurisdiction, a third-party complaint may be in rem.
(b) 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.
(c) Admiralty or Maritime Claim. 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 for remedy over, contribution, or otherwise on account of the same transaction, occurrence, or series of transactions or occurrences. The third-party plaintiff may demand judgment in the plaintiff’s favor against the third-party defendant, in which event the third-party defendant must defend under Rule 12 against the plaintiff’s claim as well as the third-party plaintiff’s claim.
Educational reference. Educational only — not legal advice.
What this rule means in plain English
Rule 14 (impleader) lets a defending party bring in a nonparty who may be liable to it for all or part of the plaintiff’s claim — as of right within 14 days of the answer, otherwise by leave of court.