Rule 14.Third-party practice.
Last verified July 1, 2026
Full Text of Rule 14
Amendment History
Promulgated by R-16-0010, effective January 1, 2017.
Plain-English Summary
A defending party may serve a summons and third-party complaint on someone outside the case who is or may be liable for all or part of the claim against it, though court permission is required if more than 10 days have passed since the original answer was served. The person brought in this way — the third-party defendant — must defend against that claim the same way any defendant would, must assert any compulsory counterclaim against the third-party plaintiff and may assert a permissive one, and may raise against the original plaintiff any defense the third-party plaintiff has, plus any claim arising from the same transaction as the plaintiff's claim.
The plaintiff, in turn, may assert against the third-party defendant any claim arising from that same transaction, and the third-party defendant must then defend against it and assert compulsory counterclaims the same way. Any party may move to strike the third-party claim, sever it, or have it tried separately, and a third-party defendant facing its own exposure may bring in a further nonparty under this same process.
A plaintiff can use this same mechanism in reverse — bringing in a third party under the same conditions that would let a defendant do so — when a claim is asserted against that plaintiff.
Frequently Asked Questions
Who can a defendant bring into a lawsuit as a third-party defendant?
A nonparty who is or may be liable to the defendant for all or part of the claim against it.
Does a defendant need permission to file a third-party complaint?
Only if more than 10 days have passed since the defendant served its original answer; otherwise no court order is required.
Can the original plaintiff bring a claim directly against the third-party defendant?
Yes, for any claim arising out of the same transaction or occurrence as the plaintiff's claim against the third-party plaintiff.
Can a plaintiff also use third-party practice?
Yes, a plaintiff facing a claim may bring in a third party under the same rules that would allow a defendant to do so.