Ch. III: Pleadings and Motions · Current through June 1, 2026 · Last verified September 9, 2026
In one sentenceRule 14 lets a responding party bring in a non-party who may be liable to them for what is claimed against them — and lets a petitioner do the same once a counterclaim is filed.
(a)When Respondent May Bring in Third Party. When permitted by law, at any time after commencement of the action a responding party, as a third-party petitioner, may cause a summons and petition to be served upon a person not a party to the action who is or may be liable to the third-party petitioner for all or part of the petitioner's claim. The third-party petitioner need not obtain leave to make the service if the third-party petition is filed not later than 10 days after service of the original answer. Otherwise the third-party petitioner must obtain leave on motion upon notice to all parties to the action. The person served with the summons and third-party petition, hereinafter called the third-party respondent, shall make defenses to the thirdparty petitioner's claim as provided in Rule 12 and counterclaims against the third-party petitioner and cross-claims against other third-party respondents as provided in Rule 13. The third-party respondent may assert against the petitioner any defenses which the third-party petitioner has to the petitioner's claim. The third-party respondent may also assert any claim against the petitioner arising out of the transaction or occurrence that is the subject matter of the petitioner's claim against the third-party petitioner. The petitioner may assert any claim against the third-party respondent arising out of the transaction or occurrence that is the subject matter of the petitioner's claim against the third-party respondent, and the third-party respondent thereupon shall assert defenses as provided in Rule 12 and 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 respondent may proceed under this Rule against any person not a party to the action who is or may be liable to that party for all or part of the claim made in the action against the third-party respondent.
(b)When Petitioner May Bring in Third Party. When permitted by law, when a counterclaim is asserted against a petitioner, the petitioner may cause a third party to be brought in under the circumstances which under this Rule would entitle a respondent to do so.
End
Plain-English Summary
Third-party practice, in two short subsections and both conditioned on the same phrase: when permitted by law.
By a respondent. At any time after the action is commenced, a responding party may as third-party petitioner have a summons and petition served on a person who is not a party and who may be liable to them for all or part of what is claimed against them.
By a petitioner. Where a counterclaim is asserted against the petitioner, the petitioner may bring in a third party in the circumstances that would entitle a respondent to do so. The symmetry is the point: once a claim is made against you, it does not matter which side of the caption you started on.
The qualifier does real work in this court. The Family Court's jurisdiction is statutory, so a third-party claim only comes in where the law allows it to.
Frequently Asked Questions
Can I bring someone else into a Delaware Family Court case?
When permitted by law, a responding party may serve a summons and petition on a non-party who may be liable to them for all or part of the claim against them.
Can a petitioner bring in a third party?
Yes, where a counterclaim has been asserted against the petitioner, in the circumstances that would entitle a respondent to do so.
Source & verification. The rule text and amendment history are reproduced verbatim from the Delaware Family Court Rules of Civil Procedure (Fam. Ct. Civ. R. 14), and every rule has been checked word for word against the Delaware Family Court’s own published edition of these rules. Current through June 1, 2026. The plain-English summary is original and written by us. Last verified September 9, 2026. ·
Official source
Also known as:third party practice Delaware Family Courtthird-party complaint DelawareFam. Ct. Civ. R. 14