Last amended July 15, 1995 · Last verified July 6, 2026
In one sentenceRule 14 lets a defending party bring in a third party who may owe it reimbursement or contribution toward the plaintiff's claim, gives that third-party defendant the same defenses and counterclaim rights as an original defendant, and lets a defendant add anyone whose fault may have contributed to the plaintiff's damages for equitable apportionment.
(a)When Defendant May Bring in Third Party. At any time after commencement of the action a defending party, as a third-party 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 third-party defendant arising out of the transaction or occurrence that is the subject matter of the plaintiff’s claim against the third- party 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.
(b)When Plaintiff May Bring in Third Party. When a counterclaim is asserted against the 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)Equitable Apportionment. For purposes of apportioning damages under AS 09.17.080, a defendant, as a third-party plaintiff, may follow the procedure of paragraph (a) to add as a third-party defendant any person whose fault may have been a cause of the damages claimed by the plaintiff. Judgment may be entered against a third-party defendant in favor of the plaintiff in accordance with the third-party defendant’s respective percentage of fault, regardless of whether the plaintiff has asserted a direct claim against the third-party defendant.
Amendment History
(Adopted by SCO 5 October 9, 1959; amended by SCO 258 effective November 15, 1976; by SCO 1153 effective July 15, 1994; and by SCO 1200 effective July 15, 1995)
Plain-English Summary
A defending party may serve a summons and third-party complaint on someone not yet in the case who is or may be liable to it for all or part of the plaintiff's claim, without needing the court's permission as long as the third-party complaint is filed within 10 days of the original answer; after that, leave of court is required. The third-party defendant can raise any defense available under Rule 12, along with counterclaims and cross-claims under Rule 13, and may also raise against the plaintiff any defense the original defendant has, or bring its own claim arising from the same transaction. The plaintiff, in turn, may claim directly against the third-party defendant, and a third-party defendant can repeat the same process against still another person who might owe it money. A plaintiff facing a counterclaim gets the same right to bring in a third party that a defendant has.
Rule 14(c) adds an Alaska-specific option: for apportioning damages under AS 09.17.080, a defendant may bring in as a third-party defendant anyone whose fault may have caused the plaintiff's damages, and the court can enter judgment against that person according to its share of fault — even if the plaintiff never sued that person directly. Any party may move to strike, sever, or separately try a third-party claim.
Frequently Asked Questions
When can a defendant bring in a third party?
At any time after the case begins — without court permission if the third-party complaint is filed within 10 days of the original answer, and with leave of court after that.
Can the third-party defendant raise defenses against the original plaintiff?
Yes — the third-party defendant may assert any defense the third-party plaintiff has against the plaintiff, and may bring its own claim against the plaintiff arising from the same transaction.
What is the "equitable apportionment" third-party claim in (c)?
A procedure under AS 09.17.080 letting a defendant bring in anyone whose fault may have contributed to the plaintiff’s damages, so the court can assign that person its share of liability even without a direct claim by the plaintiff.
Source & verification. The rule text, Amendment History, and Notes are reproduced verbatim from the
official Alaska Rules of Civil Procedure (Alaska R. Civ. P. 14). Prescribed by the Supreme Court of Alaska (Alaska Const. art. IV, § 15). The plain-English summary is original and written by us. Last verified July 6, 2026. ·
Official source
Also known as:third party complaint Alaskaimpleader Alaska civil ruleequitable apportionment fault Alaskabringing in a third party defendantAlaska R. Civ. P. 14